VIJAYBHAI N MEHTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP Ms.CM Shah waives service of rule on behalf of respondent No.1 and learned advocate Shri Pardiwala waives service of rule on behalf of respondent No.2.

(2.) Petitioner is accused No.2 in a complaint for dishonour of cheque filed by respondent No.2 herein against the present petitioner and one A.K.Khan who is accused No.1. Petitioner seeks quashing of said complaint being Complaint No.2607/09 pending before the learned Judicial Magistrate, First Class, Vadodara.

(3.) It is the case of the petitioner that he is not the signatory of the cheque, the cheque in question has been issued by accused No.1 from his personal account and the present petitioner has no connection with the said bank account. Counsel for the petitioner submitted that accused Nos.1 and 2 are not related. The cheque is not issued on behalf of a company, firm or HUF and when the cheque is admittedly not signed by the petitioner, he cannot be held responsible for offence under section 138 of the Negotiable Instruments Act.