1 APL 985.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 985 OF 2011 Dinesh Chaturvedi. ... Applicant. V/s. M/s. J.K. Mehra & Sons. ... Respondents. Mr. S.C. Maheshwari i/b. Mr. Amit Sheth for the Applicant. Mr. A.A. Siddique i/b. M/s. A.A. Siddique for Respondent No.1. Mr. S.S. Pednekar, APP for the State. CORAM : K.U. CHANDIWAL, J. DATED : 04th OCTOBER 2011. P.C. :- Heard. 2. Notice. Learned Counsel for Respondent No. 1 waives service has filed power. Learned APP waives service for the State. 3. Respondent No.1 present confirms that he has no grievance against the Applicant. 4. The prosecution was initiated by Respondent No.1 vide Case No.275/P/98 under Section 465, 467, 468, 471, 420 r/w. 34 of I.P.C. However, the matter between the creditor and 2 APL 985.11.sxw debtor is settled. The Complainant – Company M/s.J.K. Mehra & Sons (Respondent No.1) have recorded no due certificate to the Applicant and also no objection if the Criminal prosecution against the Applicant is compounded for disposed of. Since there is civil controversy between the parties, even otherwise, the averments as to applicability of Section 465, 467, 468, 471, 420 r/w. 34 of I.P.C. does not surface to frame charge against the Applicant. Taking survey of all the facts, the proceedings bearing No.275/P/98 pending before the learned Addl. Chief Metropolitan Magistrate, 5th Court, Dadar, Mumbai against the Applicant is quashed and set aside. Bail Bond, if any, are terminated. (K.U. CHANDIWAL,J.)