RAJKUMAR RAMESHCHANDRA AGRAWAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition filed under Art. 226 of the Constitution of India, read with Sec. 482 of the Code of Criminal procedure, the applicant has prayed the following substantial reliefs :

(2.) Brief facts leading to file the present application are that, the respondent no. 2 has filed criminal complaint under the provisions of the Negotiable Instrument Act , against the present applicant for dishonour of cheque bearing No. 44670, sum of Rs.20 lakhs drawn on Kalupur Cooperative Bank, Khokhra Branch, Ahmedabad, which was returned "unpaid". The applicant being the drawer of the cheque failed to make the payment to the respondent no.2 within 15 days of the receipt of the notice, as a result of which, the complaint under Sec. 138 of the NI Act filed. The learned trial Court after verification of the complaint, issued process and case is registered as Criminal Case No. 68407 of 2019 which is pending before the learned Additional Chief Metropolitan Magistrate, Court No. 37, Ahmedabad. Being aggrieved with the issuance of the process, the applicant filed Criminal Revision Application before the City Sessions Court, Ahmedabad and same came to be rejected.

(3.) In the aforesaid background facts, the applicant - original accused has approached this Court for quashing of the complaint, raising the issue of law that the respondent no. 2 complainant is not holder in due course as defined under Sec. 9 of the NI Act.