APTECH LIMITED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this petition which is filed under Section 482 of the Code of Criminal Procedure, 1973 ('the Code' for short hereinafter), petitioners against whom Criminal Complaint No.918 of 2001 is filed in the Court of learned Chief Metropolitan Magistrate, Ahmedabad in which the process has been issued, have prayed to quash and set aside the said complaint and process issued thereunder on the grounds stated in the petition.

(2.) A private complaint came to be filed in the Court of learned Chief Metropolitan Magistrate, Ahmedabad by respondent No.2, GDR Securities Limited (hereinafter referred to "GDR" for the sake of brevity and convenience) against petitioner No.1, Aptech Limited (hereinafter referred to as "Aptech" for the sake of brevity and convenience), its Directors and authorized signatory for commission of the alleged offence under Section 138 of the Negotiable Instruments Act ('the Act' for short hereinafter).

(3.) The learned Chief Metropolitan Magistrate, on receipt of the complaint, examined the complainant on oath and on satisfying, has issued process only against accused Nos.1 to 4 and 10 named in the complaint. It is this order of issuance of process against accused Nos.1 to 4 and 10 only which has given rise to the present petition at the instance of accused Nos.1 to 4 only who are petitioners before this Court.