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SCR.A/2389/2007 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 2389 of 2007
With
SPECIAL
CRIMINAL APPLICATION No. 1209 of 2009
To
SPECIAL
CRIMINAL APPLICATION No. 1213 of 2009
=========================================================
DIPESHBHAI
CHANDRAKANTBHAI BHATT - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
BHARAT T RAO for
Applicant(s) : 1,
MR MG NANAVATI, APP for Respondent(s) : 1,
MR
PRAVIN GONDALIYA for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 29/07/2010
ORAL
ORDER
These
petitions have been filed by the original accused seeking quashing
six complaints, the details of which are as follows:
Sr.No.
Criminal
Case No.
Court
1
1748/2005
7th
Civil Judge (S.D) & JMFC, Rajkot.
2
1749/05
3
1750/05
4
1751/05
5
1752/05
6
1753/06
Counsel
for the petitioner submitted that the complaints had been lodged
only with a view to harassing the petitioner though the entire amount
covered by the cheques was paid over in cash at the relevant time
itself. Counsel further submitted that without prejudice to the
above contention, the accused are prepared to pay the entire amount
if so directed by the Court to put an end to the entire dispute.
Learned
counsel for the complainant, however, was not in a position to accept
such an offer as the final settlement.
In
addition to hearing the learned counsel for the parties, I have also
perused the documents on record. Undisputed fact is that in six
different cheque bouncing complaints total amount involved is
Rs.18,643/-. When the accused have offered to pay up the entire
amount even keeping their contentions that it was previously paid in
cash aside, I see no reason in burdening the learned Magistrate with
further trial in such cases.
Considering
the above aspects of the matter, Criminal Case Nos.1748, 1749, 1750,
1751, 1752 and 1753 of 2005 pending in the Court of 7th
Civil Judge and JMFC, Rajkot are quashed on condition that the
petitioner shall deposit a sum of Rs.18,643/- before the Court of
Judicial Magistrate, First Class, Rajkot latest by 9th
August 2010. As already provided, this order is conditional and if
the petitioner fails to deposit the amount within the time
permitted, this order shall be liable to be recalled on a note
being filed by the complainant. Rule is made absolute accordingly.
(Akil
Kureshi, J.)
(vjn)
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