CR.MA/4935/2010 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION No. 4935 of 2010 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ====================================== 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ====================================== RAKESH SHARMA - Applicant Versus STATE OF GUJARAT & 1 - Respondents ====================================== Appearance : MR SANJAY R GUPTA for the Applicant. MR LB DABHI, APP for Respondent No.1. MR NISHITH P THAKKAR for Respondent No.2. ====================================== CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 01/02/2012 ORAL JUDGMENT 1. The present Criminal Misc. Application u/s.482 of the Code of Criminal Procedure has been preferred by the applicant herein – original accused to quash and set aside the CR.MA/4935/2010 2/2 JUDGMENT impugned complaint being Criminal Case No.3652 of 2008 pending in the Court of learned Metropolitan Magistrate, Court No.8, (Negotiable Instruments Act), Ahmedabad filed for the offence punishable u/s.138 of the Negotiable Instruments Act,1881. 2. Mr.Sanjay Gupta, learned advocate appearing on behalf of the applicant seeks permission to withdraw the present application. However, he has requested to make suitable observations that the defences, which might be available to the applicant under the law be kept open, which may be considered by learned Magistrate in accordance with law and on merits. 3. In view of the above, the present application is dismissed as withdrawn. It goes without saying that the defences, which might be available to the applicant under the law are kept open, which may be considered by the concerned Magistrate in accordance with law and on merits. Rule is discharged. Ad-interim relief, if any, stands vacated forthwith. [M.R.SHAH,J] *dipti