BHOLASINGH JAIPRAKASH CONSTRUCTION LTD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT petition under section 482 of the Code of Criminal Procedure has been preferred by the petitioners herein -original accused to quash and set aside the impugned complaint being Criminal Case No.4084 of 2007 filed by the respondent No.2 herein -original complainant for the offence punishable under section 138 r/w section 141 of the Negotiable Instruments Act, at the relevant time pending in the court of learned Metropolitan Magistrate, Court No.13, Ahmedabad.

(2.) THE respondent No.2 herein original complainant has instituted the impugned complaint being Criminal Case No.14084 of 2007 against the petitioners herein original accused in the court of learned Metropolitan Magistrate, Ahmedabad for the offence punishable under section 138 read with section 141 of the Negotiable Instruments Act for dishonour of the cheque in question, issued by the petitioner Nos.6 and 8 herein original accused nos.6 and 8. That in the said complaint the learned Magistrate has directed to issue Summons against all the accused persons for the offence punishable under section 138 of the Negotiable Instruments Act. Hence, the petitioners -original accused have preferred the present petition under section 482 of the Code of Criminal Procedure.

(3.) MR .G.M. Joshi, learned advocate appearing on behalf of the petitioners has stated at the bar that so far as the petitioner No.2 is concerned, he has already expired way back in the year 2008 and therefore, he is already deleted.