Annabhau Aajra Taluka Shetkari ... vs M/S Amit Cot Fibre Thr. Its ...
2022 Latest Caselaw 2836 Bom

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                                                                                   33apl402.22.odt

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                               NAGPUR BENCH : NAGPUR.

                         CRIMINAL APPLICATION (APL) NO. 402/2022
           (Annabhau Aajra Taluka Shetkari Sahakari Sutgirni Marayadit & ors.
                           Vs. M/s. Amit Cot Fibre through its partner)
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         Office Notes, Office Memoranda of                             Court's or Judge's Order
         Coram, appearances, Court's Orders
         or directions and Registrar's order
                          Mr. R. Badhe, Advocate for applicants.




                          CORAM :-         AVINASH G. GHAROTE, J.

DATED :- 23.03.2022

Heard learned counsel for the applicants

who contends that since the entire cheque amount of

Rs. 2,18,85,868/- stands paid to the

respondent/complainant which is an admitted position as

reflected from the say of the complainant/respondent at

Exh. 28 (page 42), para 6, the order dt 13.01.2022

passed by the learned Magistrate First Class which rejects

the application for closure of the proceeding based upon

the judgment of the Hon'ble Apex Court in Meters and

Instruments Private Ltd. Vs. Kanchan Mehat (2018) 1

SCC 560, is not justified. He submits that though the

Apex Court in Re: Expeditious Trial of Cases under

Section 138 of the Negotiable Instruments Act 1881 Vs.

Gohane

33apl402.22.odt

Ni., Suo Motu Writ Petiton (CRL) 2/2020 decided on

16.04.2021, AIR 2021 SC 1957, has held that the

provisions of Section 258 of the Code of Criminal

Procedure are not applicable to complaint under Section

138 of the Negotiable Instruments Act, however, since the

entire amount stands paid, there is possibility of

settlement between the parties only on which ground,

issue notice to the respondent returnable on 04.04.2022.

Digitally signed by JITENDRA JITENDRA BHARAT (AVINASH G. GHAROTE, J) BHARAT GOHANE GOHANE Date:

2022.03.24 14:30:41 +0530

Gohane