JASUBEN ROHITBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this application under section 482 of the Code of Criminal Procedure (hereinafter referred to as the 'Code' for the sake of brevity) the applicant, who is the original accused has prayed for the following reliefs :

(2.) IT is the case of the applicant that the applicant who is Director of J.R.D. Steel Pack Pvt. Ltd. had issued three cheques bearing nos. (i) 115893 dated 20.11.2008 amounting to Rs. 1,25,000/-, (ii) 115894 dated 30.11.2008 amounting to Rs.1,25,000/-, (iii) 115895 dated 15.12.2008 amounting to Rs.50,000/- drawn on Andhra Bank, Akota Branch , Vadodara. It is the case of the applicant that the said cheques were given as security to the original complainant ­ respondent no.2. However, the aforesaid cheques were deposited by respondent in the bank for clearance and as the said cheques were dishonoured. Respondent no.2 filed Criminal Case which was registered as Criminal Case No. 3220 of 2009 before the Court of JMFC, Vadodara under the provisions of section 138 of the Negotiable Instruments Act (hereinafter referred to as 'the Act').

(3.) HEARD Mr. Premal Joshi, learned Advocate for the applicant and Ms. Moxa Thakkar, learned APP for State and Mr. B.K. Raj for respondent No.2.