A.K. Guota @Ashok Kumar Gupta v. Axis Bankltd
15.1.2021 C.R.R. 3845 of 2019 Sk 1A No. CRAN/2/2020 (CRAN 1320 of 2020) A.K.Gupta@ Ashok Kumar Gupta-vs-Axis Bank Ltd. Mr. Animesh Paul Ms. Faima Hassan Mr. Akash Shaw ..for the petitioner.
Mr. Kaushik Chatterjee ......for the O.P.
Both the parties are represented.
The petitioner has prayed for quashing of the proceedings in connection with Complaint Case No. 6382 of 2008 under Section 138 of the Negotiable Instruments Act, 1881 pending before the learned Metropolitan Magistrate, 7th Court at Calcutta. It is jointly submitted by the learned Advocates for the parties that the matter has been amicably settled between the parties and the entire due amount of Rs. 65,000/- (sixty five thousand) only claimed by the opposite party/Bank has been liquidated by the petitioner.
The offer letter of the bank dated 25.12.2010 (page 17 annexure "B") reveals that the bank agreed to settle the dues of the petitioner at Rs. 65,000/- payable in a single installment.
Page 18 annexure "C" suggests that the said amount was deposited by the petitioner in compliance with the offer of the bank on 30th December, 2010.
As the matter has been amicably settled between the parties, nothing remains in the present application to be adjudicated.
Accordingly, the CRR 3845 of 2019 along with CRAN 1320 of 2020 are disposed of.
The Complaint Case No. 6382 of 2008 under Section 138 of the Negotiable Instruments Act, 1881 pending before the learned Metropolitan Magistrate, 7th Court at Calcutta is quashed.
There will be no order as to costs.
Urgent certified website copy of this order, if applied for, be given to the parties upon compliance of all formalities.
( Suvra Ghosh,J)