CHINTAL JITENDRAKUMAR SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition filed under Section 482 of the Code of Criminal Procedure, the petitioner herein has prayed to quash and set aside the order passed in Criminal Complaint No.367 of 2018 dated 12.03.2018 together with the further proceedings thereof as also the summons issued under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "the N.I. Act") pending before the Court of learned Additional Civil Judge and JMFC at Mandavi, Surat.

(2.) The facts in brief are as under:

(3.) Learned advocate Mr. N. V. Gandhi appearing for the petitioner submitted that the cheque in question bearing the signature of the petitioner and stamp of "M/s. N.P. Traders" was issued from the Cheque Book issued by Andhra Bank in the year 2004 and that it was not a cheque which complied with all the relevant Guidelines of RBI that were prevailing at the time when it was presented in January 2018. The respondent-complainant ought not to have presented the cheque in question in January 2018 when he was fully aware of the fact that the negotiable instrument did not meet with the relevant Guidelines relating to cheques. The cheque in question was a "non-CTS" (Cheque Truncation System) cheque and was bearing old Account Number and of the Year 1990s.