VISHALKUMAR LAXMANBHAI SUHAGIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure has been preferred by the applicantoriginal accused no.2 to quash and set aside the impugned complaint being Criminal Case No. 930 of 2006 pending in the Court of Metropolitan Magistrate, Court No.14, Ahmedabad, for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

(2.) THE facts leading to the present application in nutshell are as under:

(3.) SHRI A.R. Gupta, learned advocate for the applicant herein original accused no.2 has vehemently submitted that as such applicantoriginal accused no.2 has not committed any offence as alleged for the offence under Section 138 of the Negotiable Instruments Act. It is submitted that there was no legal debt or liability at the time of issuance of the cheques so far as applicant is concerned and therefore, ingredients of Section 138 of the N.I. Act are not satisfied. It is further submitted that, therefore, when there was no legal debt or liability of the applicant who had issued cheques to the respondent no.2original complainant, complaint do not fulfill the basic requirement of the provisions of Section 138 of the Negotiable Instruments Act. It is submitted that by issuance of such cheques in such circumstances, no privity is created between the applicant and respondent no.2. It is submitted that similarly the concept of vicarious liability as set out in Section 141 cannot be invoked as the same is applicable only in case of company or partnership firm.