1.0 Present Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure has been preferred by the applicant to quash and set aside the impugned complaint being Criminal Case No.544 of 2000, pending in the Court of Chief Judicial Magistrate, Surat for the offence under Section 138 of the Negotiable Instruments Act.
2.0 After the matter was argued for some time and as the trial is yet to be proceeded further against the applicant any observation by this Court may affect the trial, Shri Dave, learned advocate for the applicant does not press the present application. However, has requested to make suitable observation that all the defences which might be available to the applicant are kept open, which be considered by the learned trial Court at the time of trial in accordance with law and on merits and without in any way of being influenced by the present order of withdrawal.
3.0 In view of the above, present Criminal Miscellaneous Application is dismissed as withdrawn with above liberty. However, it is observed that defences which might be available to the applicantoriginal accused are kept open, which be considered by the learned trial Court at the time of trial in accordance with law and on merits and without in any way being influenced by the present order of withdrawal. Rule is discharged. Ad interim relief, stands vacated forthwith.
kaushik Sd/ (M.R.SHAH,J.)