- (1.) LEAVE granted.
(2.) HEARD learned counsel for the parties. Learned counsel for the respondent submits that respondent-Tata Venkata Krishna Rao has received Rs.1.08 lacs from the appellant and he does not want to prosecute the complaint filed by him under Section 138 of the Negotiable Instruments Act being C.C.No.444 of 2002, pending on the file of the II Additional Judicial Magistrate of I Class, Machilipatnam. In view of the statement of learned counsel for the respondent and the fact that the entire amount has been paid, we deem it appropriate to quash the complaint C.C.No.444 of 2002, pending on the file of the II Additional Judicial magistrate of I Class, Machilipatnam that has been filed under Section 138 of the Negotiable Instruments Act.
(3.) THE impugned judgment is set aside and the appeal is, accordingly, disposed of.;