MEHUL CONSTRUCTIONS PARTNER GOVINDBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition filed under Section 482 of the Code of Criminal Procedure, the applicant has prayed to quash and set aside the proceedings of Criminal Case No.140 of 2009 pending before the Court of learned Judicial Magistrate First Class, Jamjodhpur along with all consequential proceedings.

(2.) The facts in brief are that on 27.02.2019, the respondent No.2 herein, original complainant, filed a complaint against one Govindbhai @ Bhikubhai Hirabhai Karena, in the capacity of being a Partner of M/s. Mehul Construction Company, under Section 138 of the Negotiable Instruments Act, 1881 (for short, "the NI Act") before the Court of learned Judicial Magistrate First Class, Jamjodhpur inter alia alleging that he had advanced Rs.3,00,000/- in cash to the said accused. Towards repayment of the said loan amount, the accused had issued a cheque of the said amount on 07.12.2018. However, the same got dishonored on the ground that the account was already closed. After following due process, the complaint in question came to be filed before the Magisterial Court.

(3.) It is the case of the applicant that the complaint in question is bereft of relevant details and particulars, which constitutes the ingredients of the offence punishable under Section 138 read with Section 141 of the NI Act and that the complaint would not be maintainable since the Partnership Firm in question - M/s. Mehul Construction Company, has not been arraigned as a party in the proceedings. It is the further case of the applicant that said Govindbhai @ Bhikubhai Hirabhai Karena was an erstwhile Partner of the applicant - Company and that by way of Deed of Modification in Partnership dated 26.05.2017, four of the Partners had retired from the Partnership Firm. The said accused was a party to such Deed of Modification in Partnership and thus, with effect from 26.05.2017, the said accused had retired from the applicant - Company.