MAULESH BABULAL SONI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present application under Section 482 of the Criminal Procedure Code has been preferred by the applicants original accused Nos.2 to 4 to quash and set aside the impugned complaint being Criminal Case No.1776 of 2005 (old Criminal Case No.783 of 2003) pending in the Court of learned Judicial Magistrate First Class, Vijapur for the offence punishable under Section 138 of the Negotiable Instrument Act.

(2.) THE respondent No.2 original complainant instituted / lodged impugned complaint being Criminal Case No.1776 of 2005 (old Criminal Case No.783 of 2003) in the Court of learned JMFC, Vijapur against the applicants herein and other accused persons for the offence punishable under Section 138 of the Negotiable Instrument Act for dishonour of the cheque issued by the original accused No.1 from the bank account maintained by him as M/s.Darshan Enterprise, proprietorship firm. In the said complaint the learned Magistrate directed to issue summons against the applicants for the offence punishable under Section 138 of the Negotiable Instrument Act.

(3.) HEARD learned advocates appearing on behalf of the respective parties at length. At the outset, it is required to be noted that the cheque in question which has been dishonoured and for which impugned complaint has been filed is admittedly issued by one M/s.Darshan Enterprise, proprietorship firm and signed by the accused No.1 as proprietor. It is an admitted position that so far as original accused Nos.2 to 4 are concerned, they are neither signatory to the cheque in question nor the said cheque in question has been drawn from the bank account maintained by the applicants. Considering the decision of the Hon'ble Supreme Court in the case of Jugesh Sehgal (Supra), P.J.Agro Tech Ltd., & Ors. (Supra), and Mahendrakumar Tulsibhai Patel (Supra) to continue the criminal proceedings would be unnecessary harassment to them and abuse of process of law. Under the circumstances, this is the fit case to exercise powers under Section 482 of the Criminal Procedure Code and quash and set aside the complaint against the applicants original accused Nos.2 to 4.