1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.4421 OF 2008 Mr.A.C. Desai & Anr. : Applicants (Orig.Accused Nos.2& 3) V/s. M/s.S.P. Capital Financing Ltd. & Ors. : Respondents ... M r.Prakash Naik for the applicants. Mrs.Aruna H. Ghadge for respondent no.1. Ms A.T. Jhaveri, Addl. Public Prosecutor for the State. ... CORAM : S.A. BOBDE, J. DATE : SEPTEMBER 09, 2009. P.C.: Rule, returnable forthwith. The learned counsel for the respective respondents waive service. Heard by consent. 2. The applicants have preferred this application for quashing the prosecution under section 138 of the Negotiable Instruments Act on the ground that not only the entire amount of the cheque i.e. Rs.34,50,000/- has been paid, but the additional sum of Rs.4,85,973/- has been paid. The learned counsel refers to exh.`E’ which is a statement of account of the 2 applicants for the period from 1.4.1997 to 31.3.2007. According to the applicants, since the entire amount and more has been paid, the prosecution should be quashed in the interest of justice. This argument cannot be considered at this stage, in view of the dispute raised on behalf of the respondents. The learned counsel for the respondent no.1 refers to the affidavit of one Sandeep Gopale dated 25.8.2009. In paragraph 16, the deponent has stated the amounts received from the applicants. He has, however, stated that there is an outstanding amount of Rs. 97,32,732/-, including interest accrued thereon. This statement is made with reference to statement of account annexed to the affidavit. In these circumstances, it would not be possible to accede to the prayer of the applicants and the matter must be left to the trial Court for resolving this dispute on facts. The trial Court is free to pass any order, in accordance with law, thereafter. The trial is expedited. Order accordingly. 3. This Criminal Application stands disposed of. Interim stay stands vacated. S.A. BOBDE, J.