MAYURBHAI N VYAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned counsel Mr.S.V.Raju with Mr.Chetan K. Pandya for the applicant.

(2.) The applicant has prayed for quashing criminal complaint registered vide Criminal Case No.2705 of 2001 and process issued therein, pending in the Court of Judicial Magistrate (F.C.) at Gandhinagar for the offence punishable under Section 138 of the Negotiable Instruments Act. The applicant has invoked the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973.

(3.) The applicant has submitted that learned Magistrate ought not to have issued process against the applicant in light of the averments made in the complaint itself.