(^ "<^ai^^ PETITIONER HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.(Cr)No. 1545/2010 SMT. RENU GELANI aged abouf 36 years, W/o Shri Kishore Gelani, R/o Adity Nagar, Durg (C.G.) P.S. Mohan Nagar Durg (C.G.) 8.D.M. 6/8 Infront of Water Tank, Durg, Tah. & Distt. Durg (C.G.) RESPONDENTS VERSUS 1. 2. 3. 4. STATE OF CHHATTISGARH Through Sudpt. Of Police Collectorate Durg (C.G.). . PANJAB NATIONAL BANK Durg (MP) 1654 Through Branch Manager Panjab National Bank Station Road Durg, Tah. & Distt. Durg (C.G.). BANK OF BARODA Padmanabhpur, Durg (C.G.) Through Branch Manager. SMT. VEENA GELANI aged about 40 years, W/o Shri Dilip Gelani, R/o House No. LIC 16 Padmanabhpur, Durg, Tah. & Distt. Durg (C.G.). PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA. (SB :Hon'ble Mr. T.P.Sharma, J.) Present:- Mr. V.G. Tamaskar, Advocate for the petitioner. Ms. Sangeeta Mishra, P.L. fortheState/respondentNo. 1. Mr. Abhishek Sinha, Advocate with Mr. Ghanshyam Patel, Advocate for the respondent No. 4. ORAL- ORDER (Passedon 28/07/2011) By this petition under Article 226 of the Constitution of India petitioner has challenged the legality and propriety of,the order taking cognizance for the offence punishable under Section 138 of the Negotiable Instruments Act and Section 420 of the Indian Penal Code in criminal complaint case No. 111/2005 pending before the Judicial Magistrate First Class, Durg (C.G.). Mr. V.G. Tamaskar, Advocate for the petitioner, Ms. Sangeeta Mishra, P.L. for the State/respondent No. 1 and Mr. Abhishek Sinha, Advocate with Mr. Ghanshyam Patel,Advocate for the respondent No. 4 are heard. s s. .^^^^ ^^^Ss:^ ^ 3. Learned counsel for.the respondent No. 4 Has filed I.A. No. 4, application for taking documents on record. On due consideration, I.A. No. 4 is allowed. Documents are taken on record. 4. Learned counsel for the respondent No. 4.1.e. complainant of the criminal complaint case submits that on account of compromise between petitioner and respondent No. 4 i.e. cQmplainant, respondent No. 4 has filed the petition for withdrawal ofcomplaint and closing of proceedings of complaint before the Court below but on account of stay of proceeding in the present case, Court below has not passed order relating to withdrawal of such complaint. 5. Learned counsel for the respondent No. 4 further submits that on account of compromise, respondents does not want to prosecute the complaint and he seeks to withdraw the same which is pending before the trial Court. 6. Considering the submission of learned counsel for the respondent No. 4 i.e. complainant before the Judicial Magistrate First Class, Durg (C.G.) in criminal complaint case No. 111/2005 and to avoid further anomaly which may arise in future, criminal complaint case No. 111/2005 pending before the Judicial Magistrate FirstClass, Durg (C.G.) for the offence punishable under Section 138 of the Negotiable Instruments Act and'Section 420 of the Indian Penal Code against the present petitioner is hereby quashed and present petition is stands disposed of. 7. Copy of order be sent to the trial Court. __ Sd/- T.P. Sharma Judge ^'