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Judgment
S.R. Brahmbhatt, J.—Original accused No. 2 and 3 in FIR No. I-591 of 2005 registered with Navrangpura police station, Ahmedabad, have approached this Court invoking provision of Section 482 of Code of Criminal Procedure for quashing the same.
Learned advocate for the Petitioners as well as Respondent No. 2 bank, the complainant, have submitted that the complaint be quashed as the Petitioners were guarantors and the principal borrower who defaulted has settled the entire claim of the bank, and now nothing would survive.
In view of this, and in view of the fact that the narration in the complaint also go to show that the bank could have pursued the claim before appropriate civil forum, instead of filing complaint. Therefore the complaint and the proceedings thereunder, in view of the statement made by learned advocate for the complainant is required to be quashed, and is accordingly quashed. Rule made absolute.