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Judgment
This application is filed seeking quashing of Criminal Case No.84 of 2012 pending in the Court of Learned Metropolitan Magistrate (Negotiable Instrument Act), Court, Ahmedabad filed under the provision of Section 138 of the Negotiable Instrument Act.
Today, Mr.M.B.Rana, learned advocate for the applicants handed over two demand drafts of the equivalent amount of cheque which is in dispute towards total amount of cheque for which present complaint under Section 138 of the Negotiable Instruments Act is filed. Since, Mr.Nitin M. Amin, learned advocate for the respondent no.2 complainant is satisfied with the said payment, he has no objection if the criminal complaint is quashed against the applicants without prejudice to the rights and contentions of the parties in Civil Suit No.2513 of 2011 pending in the Court of City Civil Court, Ahmedabad. Mr.Nitin M. Amin, learned advocate for the respondent no.2 confirms that two demand drafts have been received by him in presence of his client i.e. respondent no.2 herein original complainant.
In that view of the matter, the Criminal Case No.84 of 2012 pending in the Court of Learned Metropolitan Magistrate ( Negotiable Instruments Act), Court, Ahmedabad is hereby quashed and set aside.
This application is allowed. Rule made absolute.