DEV COTTON INDUSTRIES Vs. PATEL CHANDUBHAI JETHABHAI

JUDGEMENT

(1.) Heard learned counsel PT Jasani for the applicants and Mr. Amit Chaudhary, learned counsel appearing on behalf of the respondent No. 1 - original complainant and learned Ms. SS Pathak, ld. APP for the respondent No. 2 State.

(2.) The present applicant No.1 Dev Cotton Industries - A Partnership Firm and its partners have filed present petition under Sec. 482 of the Code of Criminal Procedure (for short "Code'') to quash the criminal proceedings of Criminal Case No. 1271 of 2019 filed by the respondent no. 1 complainant under Sec. 138 of the Negotiable Instruments Act, which is pending in the Court of Judicial Magistrate (First Class), at Vijapur, Dist.: Mehsana.

(3.) It is not in dispute that the applicant No. 5 being Partner of the Partnership Firm, issued 4 cheques of HDFC Bank, Harij Branch, dtd. 23/7/2019 for an total amount of Rs.42,76,936.00 to the respondent No. 1 complainant to discharge a debt due to him. The cheques were returned 'únpaid', for which, notice dtd. 5/8/2019 upon all the applicants demanding the cheques amount and same was replied vide reply dtd. 14/9/2019, stating inter-alia the facts that, the cheques were given a security during early period of the year 2015 and same were misused towards recovery of time barred debts; that pursuant to payment of Rs.6,00,000.00, the amount of total debt comes to Rs.36,76,936.00, which shows that the respondent no. 1 complainant claimed more amount than the debt, as a result, the prosecution under Sec. 138 of the Act is not maintainable; that the applicant no.2, 3 and 4 were not responsible for day to day work of the partnership firm, and therefore, the statutory notice being wrongly issued upon them.