MEHTA PRASANTBHAI MUKUNDRAY Vs. MAGNIFICO MINERALS PVT LTD.

JUDGEMENT

(1.) The present petition under Sec. 482 of the Code of Criminal Procedure has been filed seeking the following prayers: -

(2.) The present petition arises out of a complaint case being CC No. 44402/2016 filed by the respondent/complainant against the present petitioner/accused for the offence punishable under Sec. 138 read with Sec. 142 of the Negotiable Instruments Act, 1881 (for short, 'NI Act'). The respondent/complainant is Private Limited Company registered under the Companies Act, 1956 and is engaged in business of import and trading of Coal. Petitioner has been arrayed as an accused, in the aforesaid complaint by the respondent, in his capacity as 'Proprietor' of M/s Coal Corporation at Trilok Dham Temple Road, Kuber Nagar, Morbi Gujarat. It was alleged, in the said complaint, that the petitioner/accused in discharge of part of admitted legal liability/debt on account of business transactions issued subject cheque in favour of the respondent/complainant. However, when the said cheque was presented by the Complainant for encashment, it was returned unpaid vide return memo dtd. 30/5/2016 as the payment was stopped by the drawer, accused-petitioner.

(3.) Thereafter, the petitioner was served with statutory notice in terms of proviso to Sec. 138 of the NI Act, however, the subject cheque remained unpaid and hence, the aforesaid complaint case was instituted by the respondent/complainant against the petitioner in his capacity as proprietor of M/s Coal Corporation. Learned Metropolitan Magistrate vide order dtd. 5/7/2016 took cognizance of the offences alleged in the aforesaid complaint and issued summons against the petitioner. Hence, the present petition has been filed seeking quashing of the said complaint case.