ANILBHAI C. NAYNANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard. Mr. Tarak Damni, learned Advocate for the petitioner, Mr. R.D. Dave, learned Advocate for respondent No. 2-original complainant and Mr. K.P. Raval, learned Additional Public Prosecutor for the respondent No. 1-State.

(2.) At the time of hearing of this matter, my attention was drawn to a common order dated 29.9.2011, passed by this Court (Coram : M.R. Shah, J.) in Special Criminal Application No. 463 of 2011 with other allied matters and it is submitted that the said petition was filed by co-accused No. 3 Sangitbhai Naynani for quashment of the very complaint filed by the respondent No. 2 herein, alleging the offence punishable under Sections 138 and 141 of the Negotiable Instruments Act. The order dated 29.1.2011, passed by this Court (Coram: M.R. Shah, J.) in Special Criminal Application No. 463 of 2011 with other allied matters shall be retained on record.

(3.) Considering the above mentioned order and more particularly Para-11 therein, it is clear that the quashing petition of the Co-accused No. 3-Sangitbhai Naynani came to be dismissed. Prima facie, there is also no dispute that the two accused persons i.e. accused Nos. 2 and 3 involved in the aforementioned complaint lodged by respondent No. 2-original complainant were joint signatories to the disputed cheque and they were Directors of the accused No. 1-Company.