Heard learned advocate Mr. Tejas M Barot for the petitioners, Ld. APP Ms. Jirga Jhaveri, for the respondent no. 1 – State and Ld. Advocate Mr. Yatin Soni for the respondent no. 2 – original complainant. 2. Admittedly, the original complainant is a bank and complaint is filed alleging that the petitioners herein have failed to repay the loan amount and that the petitioners have also sold away the potatoes, which were otherwise under the lien of the bank, from the cold storage where they were stored. It is also admitted fact that present petitioners were guarantors to the loan taken by Pooja Cold Storage, which is owned by Fatesinh Dahyabhai Solanki.
3. Further investigation of the complaint was stayed by this Court vide order dated 19/9/2006 i.e., before six years and, therefore, learned advocate Mr. Yatin Soni for the original complainant being Vaso Cooperative Bank has fairly admitted that in addition to the present complaint, the bank has initiated civil litigation in the form of Summary Lavad Case No. 452/2005 under section 99[4] of the Gujarat Cooperative Societies Act and during the pendency of such suit, parties have entered into compromise for payment of loan amount and thereby bank has issued ‘no objection certificate’ to the Mamlatdar, Nadiad on 8/2/2012 to release the properties of the original accused from the attachment, which was ordered in such Summary Lavad Case.
4. In view of the above development, learned advocate Mr. Yatin Soni has fairly admitted and stated that now there is no reason to proceed further with the complaint and bank does not press for reasoned order if the present petition is allowed, thereby to quash the complaint so as to put an end to such criminal proceedings, which are pending since last six years.
5. It is admitted fact that the dispute between the parties is of civil nature and, therefore, considering the settled legal position that no criminal complaint be initiated and investigated when there is civil dispute between the parties and when the complainant bank has submitted that it does not want to proceed further in recovery of the loan amount, the present petition deserves to be allowed without assigning reasons.
6. In the result, the petition is allowed. Rule is made absolute. The criminal complaint filed by Vaso Cooperative Bank on 17/2/2003 being Court Inquiry Case No. 18/2003 i.e Criminal Case No. 957/2005 pending before the Court of the Ld. Judicial Magistrate First Class, Anand, and the process issued thereunder to the petitioners are hereby quashed and set aside.
(S.G.SHAH, J.) * Pansala.