SHAKUNTALABEN SURESHSINH RAJPUT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT petition under section 482 of the Code of Criminal Procedure has been preferred by the petitioner - original accused No.1 to quash and set aside the impugned complaint being Criminal Case No.55 of 2009 (Old Criminal Case No.152 of 2004), filed by the respondent No.2 � original complainant for the offence punishable under section 138 of Negotiable Instruments Act, at the relevant time pending in the court of learned Metropolitan Magistrate, Court No.6, Ahmedabad.

(2.) THAT the respondent No.2 herein � original complainant has instituted the impugned complaint against the petitioner - original accused No.1 and another for the offence punishable under section 138 of the Negotiable Instruments Act for dishonour of the Cheque No.569432 dtd.21/11/2003 of Rs.1 Lac issued by one Antique Pharma, a Partnership Firm, through its partner � Original accused No.2 named Nimay Amrutlal Pujara. In the said complaint the learned Magistrate passed an order directing to issue Summons against the accused inclusive of the petitioner - original accused No.1, for the offence punishable under section 138 of Negotiable Instruments Act. Hence, the petitioner - original accused has preferred the present petition under section 482 of the Code of Criminal Procedure.

(3.) MR.K.L. Pandya, learned Additional Public Prosecutor has requested to pass appropriate order in the facts and circumstances of the case.