KISAN PANDURANG MHATTRE Vs. VITHAL OMKAR AMBODKAR

JUDGEMENT

(1.) The matter arises out of a Complaint filed by the 1st Respondent against the Petitioner before Judicial Magistrate, First Class, Kalyan in Criminal Case No. 3295 of 1990. It has been alleged in the compliant that certain cheques which were issued by the Petitioner in favour of the 1st Respondent have been dishonoured and therefore, an offence under Section 138 of the Negotiable Instrument Act was committed by the Petitioner.

(2.) I heard the Counsel for the Petitioner Mr. Marwadi and Shri Shinde for the Respondent No.1. Mrs. Kejariwal, A.P.P. for State. It is disclosed during the hearing of the case that the Petitioner had already paid the entire amount covered by six cheques involved in this case. A parallel proceedings has also been taken for realisation of amount. In view of this I do not think that any purpose will be served if the criminal case against the Petitioner is continued any further. In the result, the complaint filed by the 1st Respondent is quashed. It may be mentioned here that this may not be cited as a precedent.

(3.) Petition is therefore allowed and the Rule is made absolute in terms of prayer clause (b).