1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2750 OF 2004 Omprakash Ganediwala ..Applicant versus Shree Krishna Polyester Ltd. & Ors. ..Respondents Mrs. S. S. Halwasia i/b. M/s. Halwasia & Co. for Applicant. Mr. Dinesh Kumar Jain i/b. M/s. Paras Kuhad & Associates for Respondent No. 1. Mr. D. R. More – APP for State. CORAM : S. A. BOBDE, J. DATED : 4TH SEPTEMBER, 2009. P.C. : 1. This is an Application under Section 482 of the Criminal Procedure Code preferred by the accused for quashing complaint proceedings in C.C. No. 282/S/97 pending before the Additional Chief Metropolitan Magistrate, 5th Court, Dadar, Mumbai (now renumbered as Case No. 6571/S/05 pending before the 13th Metropolitan Magistrate’s Court). Respondents – Complainants had initiated a prosecution under Section 138-B of the Negotiable Instruments Act in respect of allegedly dishonoured cheques. 2. During the pendency of this Application, the parties have settled their 2 dispute and consent terms signed by the parties and their Advocates are presented. They are taken on record and marked ‘X’ for identification. The parties are also present in Court. 3. Having regard to the fact that the dispute is essentially a private dispute with which the public at large is not concerned, and having regard to the law laid down in the case of Madan Mohan Abbot vs. State of Punjab [(2008)4 S.C.C. 582] and Manoj Sharma vs. State & Ors. [2008(4) KLT 417 (SC)], I consider it appropriate to allow this Application in accordance with the consent terms and in terms of prayer clause (a) which reads as follows: “that the complaint proceedings in Criminal Complaint 282/S/1997 pending before Additional Chief Metropolitan Magistrate, 5th Court, Dadar, Mumbai (now renumbered as Case No. 6571/S/05 pending before the 13th Metropolitan Magistrate’s Court) be quashed and set aside”. 4. Order accordingly. (S. A. BOBDE, J.)