S M LODHA Vs. SPANDAN MINERALS

JUDGEMENT

(1.) AS common question of law and facts arise in both these petitions and they are between the same parties, both these petitions are being decided and disposed of by this common judgement.

(2.) SPECIAL Criminal Application No.2153 of 2007 has been preferred by the applicants herein original accused to quash and set aside the impugned complaint being Criminal Case No.2647 of 2006 pending in the Court of learned Chief Judicial Magistrate, Vadodara filed by respondent No.2 herein original complainant for the offence punishable u/s.138 of the Negotiable Instruments Act,1881. SPECIAL Criminal Application No.2154 of 2007 has been preferred by the applicants herein original accused to quash and set aside the impugned complaint being Criminal Case No.2648 of 2006 pending in the Court of learned Chief Judicial Magistrate, Vadodara filed by respondent No.2 herein original complainant for the offence punishable u/s.138 of the Negotiable Instruments Act,1881.

(3.) HEARD learned advocates appearing on behalf of the respective parties. As stated hereinabove, the applicants herein original accused have prayed to quash and set aside the complaints/criminal proceedings filed by respondent No.2 herein original complainant against them for the offence punishable u/s.138 of the Negotiable Instruments Act solely on the ground that the cheques amount have been paid to the original complainant within a period of two days after institution of the impugned complaints/criminal proceedings. No other submissions have been made. Therefore, short question which is posed for consideration of this Court is as to Whether on making payment of cheque amount subsequent to filing of the criminal complaint for the offence punishable u/s.138 of the Negotiable Instruments Act, the criminal proceedings can be continued or not. Controversy in question is squarely covered by the decision of the Hon'ble Supreme Court rendered in the case of Rajneesh Aggarwal (Supra), in Para-7 the Hon'ble Supreme Court has observed as under: