(1.) Rule. Learned Addl. Public Prosecutor, Ms.C.M.Shah for the respondent No.1 and learned advocate, Mr.J.R.Dave for the respondent No.2 waive service of rule.
(2.) Short facts are that one Pareshbhai Naranbhai Patel-original accused No.1 purchased goods from present petitioner-original accused No.2 and gave cheque for Rs.74,230/- and Rs.1,17,873/- in the name of Mahavir Textile signed by the accused No.1 for proprietor of Laxmi Textiles. As the complainant needed money, he obtained cash from his relative and handed over the said cheque. The said cheque when deposited was dishonoured and the complainant took the said cheque and deposited in his account which was also dishonoured. Hence, a notice was issued by the complainant. As no reply was received nor any reply filed, complaint was filed and in pursuance thereof, learned Magistrate sent it for inquiry under Sec.156(3) Cr.P.C. to Police Inspector, Sardarnagar Police Station, who, at the end of investigation, submitted 'C' summary report stating that dispute between the parties is of civil nature. However, said report has not been accepted by the learned Magistrate. The learned Magistrate registered the said case being Criminal Case No.599 of 2009 by issuing process under Sec.138 of Negotiable Instruments Act. Hence, this application under Sec.482 of the Code of Criminal Procedure has been filed for quashing of Criminal Case No.599 of 2009 pending before the Court of learnd Metropolitan Magistrate, Court No.17, Ahmedabad, for the offence punishable under Secs.406, 420 and 114 of IPC qua the present petitioner.
(3.) Heard learned advocate, Mr.V.M.Pancholi for the petitioner, learned Addl. Public Prosecutor, Ms.C.M.Shah for the respondent No.1 and learned advocate, Mr.J.R.Dave, for the respondent No.2.