C L PUJARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) LEAVE to amend the cause title. RULE. Shri L.B. Dabhi, learned advocate waives service of notice of Rule on behalf of respondent No.1. Present application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ?CrPC?) has been preferred by the applicant ? original accused No.1 to quash and set aside the impugned Criminal Case No.1371/2011 pending in the Court of learned Chief Judicial Magistrate, Himatnagar filed by respondent No.2 herein ? original complainant against the applicant and another for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ?N.I. Act?).

(2.) AT the outset it is required to be noted that this Court issued the Notice for final disposal upon respondent No.2 making it returnable on 25.08.2011. On 25.08.2011, Shri R.K. Mansuri, learned advocate requested for time by submitting that he has instructions to appear on behalf of respondent No.2. Therefore, at his instance, the matter was adjourned to today. Today, it is reported that Shri Mansuri, learned advocate is not appearing in the matter on behalf of respondent No.2. Hence, though served, nobody appears on behalf of respondent No.2. Under the circumstances, the present application is taken up for final hearing today ex-parte.

(3.) SHRI Dabhi, learned Additional Public Prosecutor has requested to pass appropriate order considering the facts and circumstances of the case.