DIPIKABEN ALPESH PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Ms. Monali Bhatt, learned APP and Mr. Johnsey P.Macwan, learned advocate for the respondent no.2 waives service of notice of Rule on behalf of respective parties. With the consent of the parties, the matter is heard finally today.

(2.) This petition has been filed under Article 226 of the Constitution of India as well as Section 482 of the Code of Criminal Procedure for quashing and setting aside the complaint being Criminal Case No.825 of 2019 pending before the learned 6th Additional C.J.M., Anand under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the 'N.I. Act' for short) and the consequential proceedings, if any, initiated in pursuance thereof .

(3.) It is contended in the petition that respondent no.2 preferred the complaint contending that the accused of Criminal Case No.825 of 2019 came in his contact through his younger brother, Pankajbhai Poonambhai Patel. The accused developed friendly terms and thereafter as were in need of money asked hand loan from the present respondent no.2 through intervention of his younger brother. The respondent no.2, therefore, gave the accused hand loan of Rs.5,50,000/- and accused promised to return the same within a period of five months and when respondent no.2 demanded back the money, the accused handed him a Cheque of Rs.5,50,000/- dated 24.12.2018 bearing Cheque No.281811, drawn on State Bank of India, Account No.30679619403, Chhani Road Branch, Vadodara, signed by accused no.1, who is husband of the present petitioner.