- (1.) This application has been filed for quashing the entire criminal proceeding in connection with Complaint Case No. 934 of 2008 pending in the court of learned Judicial Magistrate, 1st Class, Daltonganj under section 138 of the N.I. Act.
(2.) At the out set, counsels for both the parties have submitted that the parties have settled their dispute outside the Court and as per the settlement, the counsel for the O.P. No. 2 has received a demand draft of Rs. 20,000/- issued in the name of O.P. No. 2, namely, Md. Shaukat Ali. Accordingly, it is submitted that no fruitful purpose will be served in continuing the criminal proceeding against the petitioner.
(3.) It is submitted that the offence is individual and commercial in nature, thus in view of the judgment of Hon'ble Supreme Court in B. S. Joshi v. State of Harayana, 2003 AIR(SC) 1386, the criminal case may be quashed.;