1.0. Present application under Section 482 of the Code of Criminal Procedure has been preferred by the applicant-original accused no.2 to quash and set aside the impugned complaint being Criminal Case No.4691 of 1998, pending in the Court of learned Metropolitan Magistrate, Court No.9, Ahmedabad, for the offence punishable under Section 138 of the Negotiable Instruments Act.
2.0. Today, when the present application is taken up for final hearing, Shri Champavat, learned advocate appearing for Shri Goswami, learned advocate for the applicant has declared that despite the RPAD notice served to the applicant, is not cooperating and is not giving any instructions. Therefore, it is submitted that want of further instructions, it is not possible for him to go on with the matter. It is also required to be noted that earlier Special Criminal Application was dismissed for non prosecution however same came to be restored and again learned advocate for the applicant has declared that he has no instructions in the matter. In view of the above, the present Special Criminal Application is dismissed for non prosecution for want of necessary instructions to the learned advocate for the applicant. However, if the applicant is desires to proceed further with the Special Criminal Application, it will be open for him to submit an appropriate application before this Court within a period of two weeks from the date of receipt of present order and if such application is made, the same shall be considered in accordance with law and on merits. Rule is discharged. Ad-interim relief granted stands vacated forthwith. Registry is directed to send the copy of this order to the present applicant immediately.
(M.R.SHAH, J.) kaushik Top