B. JAIKUMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under Sec. 482 of the Code of Criminal Procedure for quashment of criminal complaint No.1600/2015 filed by respondent No.2 under Sec. 138 of the Negotiable Instruments Act, based on the compromise with the complainant.

(2.) This Court has heard Mr. B.M.Mangukiya, learned counsel for the applicants, Ms. Bela Prajapati, learned counsel for respondent No.2 and Ms. Krina Calla, learned APP for the State. Ms. Prajapati shall file her appearance before the Registry forthwith.

(3.) Brief facts giving rise to file present application are that, respondent No.2 M/s. Patel Enterprise, a partnership firm through its partner Prakash Shantilal Patel filed a private complaint under Sec. 138 of the Negotiable Instruments Act for the dishonour of cheque before the Court of learned Chief Judicial Magistrate, Kachchh-Bhuj, which came to be registered as C.C.No.1600/2015. The complaint is filed against in all 8 persons. The accused No.1 is the company namely Bhumi Kwang JV, whereas, accused Nos.2 to 8 are the Directors of the said company. The parties have amicably resolved their differences and have executed a fresh Memorandum of Understanding, duly executed before the Notary on 9/10/2022.