PROTECTION MANUFACTURES PVT LTD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr. Purwant learned Counsel for the applicants and Mr. Deshpande, learned Counsel for respondent No.3. Respondent No.3 had filed the complaint against the applicants under section 138 of Negotiable Instruments Act on the ground that three cheques issued by the applicants in favour of respondent No.3/complainant were dishonoured. The total amount of three cheques were Rs. 9,77,812/-. Process was issued against all the applicants.

(2.) THE learned Judicial Magistrate, F.C. allowed the applicants to deposit the amount with a clear understanding that the same does not absolve the accused from criminal liability. Complainant/respondent No.3 accepted the demand draft without prejudice to its right to prosecute the accused. Accordingly, demand draft was handed over to the complainant. After that on some occasions, the applicants remained absent and non-bailable warrant was issued on 6/11/2006. By this application, the applicants sought several relief's. Firstly, they wanted to quash the proceedings of criminal case No. 23/2006. They also seek to set aside the order passed by the learned J.M.F.C. allowing withdrawal of the demand draft by respondent No.3 and they also seek setting aside and quashing the order of issuance of non-bailable warrant. They also sought a direction that respondent No.3 should deposit the amount back in the Court, as amount was paid by the applicants, as full and final settlement under impression that the Criminal case would be closed, but if they want to continue the prosecution, they have no right to withdraw the amount.

(3.) WITH the consent of the parties warrant is already cancelled.