1. In this group of petitions, Special Criminal Application No.1113 of 2004 is filed by the petitioner, original accused person in Criminal Case No.2053 of 1998 arising from dishonour of cheque issued by him to the respondent. Criminal Misc. Application Nos.1456 of 2008 and 7617 of 2008 are filed by the same applicant with another accused person for quashing the complaint in Criminal Case No.1906 of 2007 pending before learned Metropolitan Magistrate, Ahmedabad, wherein allegations of offences punishable under sections 406, 420 and 468 read with section 120 of IPC are made. The basic fact in that criminal case is also dishonour of cheque issued by the petitioners to the respondent, original complainant. In all these proceedings, stay against further proceeding of the criminal cases is operating since several years.
2. It was stated at the bar by learned counsel appearing on both sides that the amounts due under the cheques which were dishonourned have by now been paid to the respondent and no fruitful purpose would be served by proceeding with the criminal cases, provided the petitioners herein withdraw the criminal case which is pending as Criminal Case No.573 of 2003 in the Court of learned Judicial Magistrate, First Class, Vijapur. Learned counsel Mr.K.I.Patel, appearing for all the petitioners, stated, on instruction, that the aforesaid Criminal Case No.573 of 2003 shall be withdrawn unconditionally and without any requirement of presence of the persons accused therein by the petitioner concerned within a period of 25 days. Upon that statement being recorded herein, the present petitions were not resisted on merits and since no useful purpose is likely to be served by pendency of the aforesaid proceedings in the criminal cases, all the petitions are allowed and Criminal Case No. 2053 of 1998 pending before learned Chief Judicial Magistrate, Jamnagar and Criminal Case No.1906 of 2007 pending before learned Metropolitan Magistrate, Ahmedabad are accordingly hereby quashed. Rule is made absolute in each petition with no order as to costs.
Sd/-
( D.H.Waghela, J.) (KMG Thilake)