SANGEETABEN MAHENDRABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of present application under section 482 of the Code of Criminal Procedure, 1973, the applicant has inter alia prayed for quashing and setting aside the FIR registered vide C.R. No.I-18 of 2004 with Sidhpur Police Station for the offences punishable under Sections 406, 420 read with Section 114 of the Indian Penal Code as well as for quashing the proceedings of Criminal Case No.5 of 2004 emanated therefrom.

(2.) IT is the case of the applicant that on 08th September 22nd October 2003 the respondent No.2-Bank filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, inter alia alleging therein that the complainant-Bank had advanced a hypothecation loan of Rs.20,00,000/- to the applicant pursuant to her application along with accompanying documents and the said loan amount was to be repaid within the period of one year. However, the same was not repaid and the cheque given by the applicant, on its presentation, was returned with an endorsement as "insufficient funds". The said complaint culminated into Criminal Case No.1334 of 2003.

(3.) MR.J.K. Shah, learned Additional Public Prosecutor appearing for the respondent-State, has adopted the arguments advanced by the learned advocate for the respondent- Complainant. In support of his submissions, MR.Shah has relied upon the decision of the Apex Court in the case of State of Andhra Pradesh v. Vengaveeti Nagaiah, 2009 JX(SC) 371m, and submitted that present application may be rejected.