SURESH BABURAO KASAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.Kogje, Ld.APP waives service of rule on behalf of respondent No.1-State and Mr.Shelat waives service of rule for the respondent No.2. The petitioner has preferred this petition for quashing of the complaint being Criminal Case No.267/03 pending in the Court of Judicial Magistrate First Class.

(2.) Upon hearing Mr.Joshi, Ld.advocate for the petitioner, Mr.Kogje, Ld.APP for respondent No.1-State and Mr.Shelat for respondent No.2-original complainant, it appears that the contention of the petitioner is that in reply to the statutory notice the petitioner intimated the original complainant to collect the Demand Draft and to return the cheque and, as per the petitioner, since the original complainant did not come-forward for collecting the Demand Draft by abuse of process of law the present complaint is filed and, therefore, this petition.

(3.) I would have considered the matter further, however, Mr.Joshi, Ld.advocate for the petitioner submitted that the petitioner is ready to make payment of the amount together with interest at the rate of 9% p.a totaling to Rs.19,050/- to the original complainant by Demand Draft. Mr.Shelat for the original complainant had declared before the court that if said payment is made, he has no objection in quashing of the complaint by this court as the grievance of the complainant would not survive any more. Under the above circumstances, once such declaration is made by the petitioner to pay the amount of Rs.19,050/- which would include the interest and as the original complainant has agreed to accept the said amount the complaint in question is quashed on condition that the payment of said amount is made by the petitioner to original complainant by handing over the Demand Draft on or before 20.7.05. Rule is made absolute accordingly.