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M.A.No. l0448/2011
RAJESH GUPTA & ANR , ..... Petitioners
Through Mr. S.S. Oas with Mr. Sumit Shama, Advs.
Through Mr. Atul ~atra, Adv. for R-1.
ORDER;
Ofo 15.09.20111 '
JUDGMENT
1. Learned counsel for the petitiorters as well as the learned counsel for the respondents has been he~rd. i
2. After brief submissions, learned qounsel for the petitioners has stated that he may be permitted to wit~draw the present petition with liberty to raise the plea of dishonouring bf cheque on the ground of the same being stale, before the learnep Trial Court and to file an appropriate application before the court/ concerned for regular bail.
3. Though the request of the learne~ counsel for the petitioners has been opposed by the learned coun~el for the respondent no.l, however, I am inclined to grant the saip benefit to the petitioners. 2011:DHC:12576
4. The petition accordingly stands bismissed as withdrawn with I I liberty to the petitioners to raise the ptea of stale cheque before the learned Trial Court. I
5. In the meantime, the petitioners ~ay not be arrested, however, ' they shall appear before the Trial Court ion the date already fixed, i.e., 17.09.2011, on which date, they ~i'll also file an appropriate ' application for grant of regular bail, whi~h will be considered on merits. by the learned Trial Court.
6. Dasti.
SEPTEMBER 15, 2011 KA V.K. SHALI,l