SANJAY HEMANTBHAI PANDIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Additional Public Prosecutor waives service of notice of rule on behalf of respondent State.

(2.) The facts in a nutshell are as under:-

(3.) Learned advocate Mr. S. M. Sojatwala appearing for the petitioner submitted that no ingredients of the offence alleged are made out against the petitioner. It is contended that the impugned complaint is an afterthought and a counter-blast to the legal proceedings initiated by the petitioner against the respondent No.2 under the provisions of the Negotiable Instruments Act, 1881 (for short, "the N.I. Act"). The impugned complaint has been filed only with a view to harass and to pressurize the petitioner to withdraw the proceedings initiated by him under the N.I. Act. Hence, the impugned complaint is a sheer abuse of the process of law and it deserves to be quashed and set aside.