SURENDRA SUKHNANDAN YADAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present respondent No.2 lodged complaint against the petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act ('NI Act' for short) in which process was issued by the trial court after verification of the complaint and after recording the statement of the complainant which was numbered as Criminal Case No.1010 of 2008. It was specifically alleged in the complaint that the complaint was filed within the period of limitation prescribed under the provisions of NI Act.

(2.) RULE. Learned APP, Ms.C.M.Shah for the respondent No.1 and learned advocate, Mr.H.D.Dave for the respondent No.2 waive service of rule.

(3.) IT is submitted by Mr.Dave for the respondent No.2-complainant that once the trial court has issued process, then petitioner can raise all contentions before the trial court during trial and, therefore, petition requires to be dismissed. IT is further submitted that though the complaint was filed in the year 2008, the petition is preferred in 2010 and hence also, this petition is required to be dismissed.