- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.1438 OF 2009 APPLICATION NO.1438 OF 2009 APPLICATION NO.1438 OF 2009 Inderkumar Gupta & Ors. ...Applicants vs. State of Maharashtra & Ors. ...Respondents Mr.M.P.Manorkar i/b M/s.Maravoor Wamorkar & Co. for the applicants Mr.S.S.Pednekar A.P.P. for State CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : APRIL 23,2009 : APRIL 23,2009 : APRIL 23,2009 P.C.: P.C.: P.C.: 1. Rule. Learned A.P.P. waives service for the first respondent. The learned Advocate for the second respondent waives service. Taken up forthwith for final disposal. By this application under section 482 of the Code of Criminal Procedure,1973 (hereinafter referred to as the said Code), a prayer is made for quashing the criminal proceedings initiated at the instance of the second respondent. 2. The second respondent filed a complaint in the court of Chief Judicial Magistrate alleging commission of offence under sections 468, 479, 471, 474 r/w section 34 and 120-B of the Indian Penal Code. The allegations in the complaint are regarding fabrication and forgery of certain cheques on the basis of which the complaint under section 138 of the Negotiable Instruments Act,1881 has been filed in the court of Chief Judicial Magistrate,Mandasaur, Madhya Pradesh. On the - 2 - said private complaint an order was passed by the learned Chief Judicial Magistrate under section 156 (3) of the said Code. On the basis of the said order, offence was registered and investigation was commenced. 3. The prayer for quashing is based on the consent terms annexed to the application duly signed by the applicants and the second respondent. In the consent terms, the parties have recorded that the settlement of all the disputes was arrived at the instance of the common friends and well wishers. It is recorded that various cases filed against each other will be withdrawn and will not be continued. It is also provided that the parties will agree for quashing the proceeding/case subject matter of this criminal application. 4. Perusal of the complaint subject matter of this application and the perusal of the complaint filed in the court of Chief Judicial Magistrate at Mandasaur, Madhya Pradesh shows that essentially the dispute between the parties related to commercial transactions. The consent terms annexed to the application show that the parties have settled their disputes and have agreed that none of them will prosecute the legal proceedings against each other. 5. The learned A.P.P. submitted that at this stage, the parties should not be encouraged to come before this court and - 3 - have the criminal proceedings quashed. He submitted that the second respondent has set the criminal law in motion and and the State was required to incur expenses on investigation. The learned counsel for the second respondent stated that as a gesture of goodwill, he decided to pay donation of Rs.50,000/- to the Maharashtra State Legal Services Authority and accordingly, the second respondent has paid the said amount on 16th April 2009. 6. Considering the settlement between the parties, continuation of criminal proceedings will not serve any purpose. The chances of conviction are very bleak. Considering the peculiar facts of the case, this is a fit case for exercising power under section 487 of the Code of Criminal Procedure,1973. 7. Hence, I pass the following order : i) Rule is made absolute in terms of prayer clause (c). ii) Parties and the concerned court to act upon an authenticated copy of this order. JUDGE JUDGE JUDGE