Mr.
R. C. Kakkad, learned advocate for respondent No.2 submits that the applicant has not stated correct facts and on the contrary Special Civil Suit No. 30 of 2010 is instituted on 23.3.2010. Even one Criminal Case No. 463 of 2009 is also pending. So far as subject matter of this petition is concerned, the prayer is to quash and set aside the proceedings arising out of Criminal Case No. 1195 of 2009 pertaining to Negotiable Instruments Act, where the amount of Rs.1,00,000/- and the cheque came to be dishonored, for which, the complaint was filed. For the above independent proceedings for a different cause this petition under Section 482 of the Code may not be entertained.
Against this Mr. Quershi, learned advocate for the applicant adheres to his contention that the Special Civil Suit which was filed for recovery of Rs. 5,00,000/- arising out of the Satakhat dated 29.7.2007 entered into between the parties for total consideration of Rs. 30,00,000/- out of Rs.5,00,000/- was to be returned to the complainant and even today the applicant is ready and willing to pay Rs.5,00,000/- of the said Satakhat in reasonable installment.
For the proceedings impugned in this petition may not have direct bearing but considering the fair statement made by learned advocate for the applicant to pay the dues outstanding to the complainant in a different transaction, I am inclined to consider the request of the petitioner to stay further proceedings of criminal case No. 1195 of 2009 as prayed for.
Stand over to 1.3.2012.
[ANANT S. DAVE, J.] //smita// Top