Gujarat High Court Case Information System Print CR.MA/17341/2011 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION No. 17341 of 2011 [ENTITY] - Applicant(s) Versus [ENTITY] & 1 - Respondent(s) Appearance : MR [ENTITY] for Applicant(s) : 1, MS [ENTITY] for Respondent(s) : 1, MR [ENTITY] for [ENTITY] & ASSO for Respondent(s) : 2, CORAM : HONOURABLE MR.JUSTICE [ENTITY] Date : 12/01/2012 ORAL ORDER
The petitioner has filed this petition under [SECTION] of the [ACT] with the following main prayer:
[A] Your Lordships may be pleased to admit and allow this Misc. Criminal Application and further be pleased to quash the proceeding of the [CASE NUMBER] and proceeding emanating there from, came to be filed on 27.11.2002 for the offence u/[SECTION], [SECTION], [SECTION], [SECTION], [SECTION], [SECTION], [SECTION] and [SECTION] of the [ACT] r/w [SECTION] of the [ACT] at Naranpura Police Station, Ahmedabad City.
2. At the outset, it is submitted that respondent No.2 - [ENTITY] has issued No Due Certificate dated 23.11.2011 by which an amount of Rs.7,50,000/- due to the petitioner was settled under One Time Settlement Scheme floated by the State of Gujarat. It is further submitted that in an identical case, a co-ordinate Bench of this Court exercising powers under [SECTION] of the Code and considering the decisions of the Apex Court in the cases of [i] [PRECEDENT] and [ii] [PRECEDENT], quashed and set aside the complaint.
3. The above statement of fact made by learned advocate for the petitioner remained undisputed.
4. Having heard learned advocates for the parties and considering the overall facts and circumstances of the case, more particularly when the amount in question is already paid by the petitioner and No Due Certificate is issued by respondent No.2 - bank, permitting the petitioner to be prosecuted by the Court of law and to undergo rigmarole of the trial is not warranted and to secure the ends of justice, the impugned complaint is hereby quashed and set aside.
This petition is allowed to the aforesaid extent only.
[[ENTITY], J.] *pvv