RAJESH MADHUSUDAN RAJYAGURU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. The respondents waive service of notice of rule on behalf of respective parties. The present application has been filed under Section 482 of the Cr.P.C. for the purpose of seeking following reliefs :

(2.) Brief facts of the case are that the applicant - original accused was developing a housing scheme in Surendranagar District and in that connection, the respondent No.2 had booked a flat in the said scheme by depositing the amount of Rs.10 lakhs in cash. On account of some issues, the applicant could not develop the scheme, as a result of which, had to return the amount to the respondent No.2 - original complainant and accordingly, a cheque was issued on 23.5.2016 bearing No.426904. When the said cheque came to be presented in the bank on 3.8.2016, the same was returned with remarks 'insufficient funds' which resulted into filingof the criminal complaint by respondent No.2 under Section 138 of the NI Act. This criminal complaint, after trial, culminated into an order of conviction dated 7.12.2019. During the passage of time, according to the applicant, the applicant as well as respondent No.2 have settled their disputes in between and the memorandum of settlement came to be executed on 12.6.2020, in which the applicant has already paid an amount of Rs.5,21,000/- to the respondent No.2 and the respondent No.2 has agreed to withdraw and give specific consent for quashment of an order dated 7.12.2019 passed in Criminal Case No.10779 of 2016. In short, the overall settlement has taken place which is deduced in writing. As a result of this, present application is filed under Section 482 of the Cr.P.C. for seeking quashment of the impugned order dated 7.12.2019 passed by the learned 3rd Additional Chief Judicial Magistrate, Rajkot in Criminal Case No.10779 of 2016.

(3.) Pursuant to the notice having been issued by this Court on 30.6.2020, the respondent No.2 appeared before the Court and filed a specific affidavit on oath, without any undue pressure and with free will and confirmed the terms of the settlement. The said affidavit is reflecting on page-59 of the application compilation. As a result of this, the Mr.Goswami, learned advocate for the respondent No.2 has requested the Court to set aside the impugned order by granting the relief prayed for in the present application.