ZAVERILAL PREMCHAND LUNIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Shri Manish Shah, learned advocate waives service of notice of Rule on behalf of respondent No.2 " original complainant and Shri L.B. Dabhi, learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent No.1 " State. In the facts and circumstances of the case, present application is taken up for final hearing today.

(2.) PRESENT application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "CrPC") has been preferred by the applicant " original accused to quash and set aside the impugned Criminal Case No.3631/2008 pending in the Court of learned 7th Additional Civil Judge (S.D.) and JMFC, Surat filed by respondent No.2 herein " original complainant for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "N.I. Act").

(3.) SHRI Manish Shah, learned advocate appearing on behalf of respondent No.2 " original complainant is not in a position to dispute the fact the applicant is not the signatory to the cheques in question and even the cheques are not drawn from the bank account maintained by the applicant. However, has submitted that as the applicant gave assurance that as and when the said cheques are deposited, the same shall be honored. It is requested to dismiss the present application.