The petitioner has filed this petition under section 482 of the Code of Criminal Procedure, 1973 with the following main prayer:
[A] Your Lordships may be pleased to admit and allow this Misc. Criminal Application and further be pleased to quash the proceeding of the Criminal Complaint FIR I 681 of 2002 and proceeding emanating there from, came to be filed on 27.11.2002 for the offence u/s.406, 409, 420, 467, 471, 477A, 120B and 114 of the Indian Penal Code r/w Section 42 of the Banking Regulation Act at Naranpura Police Station, Ahmedabad City.
2. At the outset, it is submitted that respondent No.2 - Sabarmati Cooperative Bank Ltd. has issued No Due Certificate dated 23.11.2011 by which an amount of Rs.7,50,000/- due to the petitioner was settled under One Time Settlement Scheme floated by the State of Gujarat. It is further submitted that in an identical case, a co-ordinate Bench of this Court exercising powers under Section 482 of the Code and considering the decisions of the Apex Court in the cases of [i] Nikhil Merchant v. Central Bureau of Investigation & Anr. [(2008)9 SCC 677] and [ii] Madan Mohan Abbot v. State of Punjab [(2008)4 SCC 582], quashed and set aside the complaint.
3. The above statement of fact made by learned advocate for the petitioner remained undisputed.
4. Having heard learned advocates for the parties and considering the overall facts and circumstances of the case, more particularly when the amount in question is already paid by the petitioner and No Due Certificate is issued by respondent No.2 - bank, permitting the petitioner to be prosecuted by the Court of law and to undergo rigmarole of the trial is not warranted and to secure the ends of justice, the impugned complaint is hereby quashed and set aside.
This petition is allowed to the aforesaid extent only.
[Anant S. Dave, J.] *pvv Top