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Judgment
M.L. Tahaliyani, J.—Heard learned Counsel Dr. R.S. Sundaram for the applicant, learned Counsel Shri Shashikant Borkar for non applicant No. 1 and [earned Additional Public Prosecutor Shri A.K. Bangadkar for non-applicant No. 2/State. Admit. Heard finally by consent of the learned Counsel appearing for the parties.
This application u/s 482 of the Criminal Procedure Code impugns the order passed by the learned Chief Judicial Magistrate, Bhandara in Summary Criminal Complaint Case No. 760/2011 directing issuance of process against the applicant to answer the charge for the offence punishable u/s 138 of the Negotiable Instruments Act.
During the pendency of the present application, dispute has been amicably resolved between the applicant Shri Kiran Sudhakar Tonpe and non-applicant No. 1 M.G. Agencies. The Mediator could succeed in bringing out a settlement. Original agreement executed by the applicant and non-applicant No. 1 is placed on record. It is signed by the applicant and non-applicant No. 1 and also by their respective Counsel. The applicant has agreed to pay Rs. 1,40,000/- to the non-applicant No. 1 in the manner described in the table, which is part of the agreement. The applicant himself is present before the Court and he makes a statement that he will abide by the agreement and will not commit any default. Two postdated cheques are given to non-applicant No. 1 by the applicant. It is submitted by the applicant that cheque of Rs. 50,000/- has already been honoured and that he will make necessary arrangements so that the cheque of Rs. 90,000/- is also honoured. In view of what has been stated hereinabove, it is abundantly clear that the proceedings pending before the learned Chief Judicial Magistrate, Bhandara need to be quashed. Hence, I pass the following order.
Summary Criminal Complaint Case No. 760/2011 pending in the Court of learned Chief Judicial Magistrate, Bhandara against the applicant filed by non-applicant No. 1 shall stand quashed. The applicant stands acquitted of the offence punishable u/s 138 of the Negotiable Instruments Act.
The applicant shall honour the terms of the agreement. The said agreement shall be marked "A" for identification.
The bail bonds, if any, of the applicant executed before the trial Court shall stand cancelled.
The application shall stands disposed of.