Case Note & Summary
The case involves a criminal application filed by Smt. Sumedha w/o Sunil Chitpur @ Sumedha d/o Vithalrao Shinde, an advocate by profession, seeking withdrawal of a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881. The complaint, S.T.C. No.2256 of 2009, was pending before the Judicial Magistrate, First Class, Court No.6 at Latur, against the respondent Krishnakumar s/o Baburao Kulkarni. The applicant's counsel submitted that the matter was under Section 138 of the Negotiable Instruments Act and that the applicant wished to withdraw the complaint. The respondent's counsel accepted that costs, as directed by the Court on the last occasion, had been received. The Court, after hearing both sides, allowed the application and permitted the withdrawal of the complaint. The Court also directed that the complaint be treated as withdrawn and disposed of accordingly. The judgment was delivered by Justice A.I.S. Cheema on 11th April 2014.
Headnote
A) Criminal Procedure - Withdrawal of Complaint - Section 138 Negotiable Instruments Act, 1881 - Costs - The applicant sought withdrawal of a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881, pending before the Judicial Magistrate, First Class, Court No.6 at Latur. The respondent accepted costs as directed by the Court on the last occasion. The Court allowed the withdrawal, noting that costs had been received. (Paras 1-4)
Issue of Consideration
Whether the applicant should be permitted to withdraw the criminal complaint under Section 138 of the Negotiable Instruments Act, 1881, and whether the costs directed earlier have been received.
Final Decision
The Court allowed the application and permitted the applicant to withdraw the complaint. The complaint S.T.C. No.2256 of 2009 pending before the Judicial Magistrate, First Class, Court No.6 at Latur shall stand withdrawn and disposed of accordingly.
Law Points
- Withdrawal of complaint under Section 138 of Negotiable Instruments Act
- 1881
- Costs as condition precedent
- Acceptance of costs by respondent
