AJITBHAI ISHWARBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP Ms. C.M. Shah waives service of rule on behalf of respondent No.1. Learned advocate Mr. Ankur Oza waives service of rule on behalf of respondent No.2.

(2.) The petitioners are the original accused. They seek quashing of complaint Annexure-A on various grounds. Complaint has been lodged by respondent No.2 herein for bouncing of cheque no. 104621 dated 21.5.2008 of Rs. 10,18,000/- issued by petitioner No.2 who is original accused No.2.

(3.) Learned counsel for the petitioner submitted that the petitioner no.1 is not a signatory in the cheque. Complaint against him could not have been filed. He further submitted that cheque was issued by petitioner no.2 only by way of security of loan taken by the petitioner no.1 and well before the same was presented before the bank by the complainant, a notice was issued on 14.3.2008 asking the complainant not to deposit the cheque since three blank cheques have been obtained from the petitioners.