HITEN BHUPENDRA SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure has been filed by the petitioners to quash and set aside the complaint being Criminal Complaint No.4868 of 2002 pending in the Court of the learned Chief Judicial Magistrate, Surat, and process issued therein.

(2.) THE facts of the case in brief are that a complaint was filed by the respondent no. 2 Bank against Home Trade Limited, its Directors and authorized signatories for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 for the alleged dishonour of a cheque dated 25-4-2002 for Rs.6,36,250/- issued by the accused No.3-Subodh Bhandari under his signature. THE petitioner No.1, who is a Chartered Accountant and petitioner No.2, who is the wife of the petitioner No.1, have been involved in the alleged offence on the premise that they are the Directors of the said Company. Hence, a notice dated 5-5-2002 under Sec.138 read with Sec.141 of Negotiable Instruments Act was issued by registered post A/D and under Postal Certificate. However, notice sent by registered post A/D was returned unserved but notice issued under Postal Certificate was received by the accused on or about 8-5-2002. Since the accused have neither replied nor complied with the notice, present complaint has been filed by the respondent No.2-complainant in the Court of learned Chief Judicial Magistrate, Surat being Criminal Complaint No.4868 of 2002 and a process was issued by the learned Magistrate on 19-6-2002 against the petitioners. Hence, the present petition.

(3.) LEARNED counsel for the respondents have contended that since the petitioners were the Directors of the company in question, they were responsible for the conduct of business of the company and, therefore, no interference is required by this Court in this application.