HARSHADKUMAR CHIMANLAL SHAH 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.2 to quash and set aside the impugned complaint being Criminal Case No. 11496 of 2009, filed by the respondent No.2 herein original complainant for the offence under section 138 of Negotiable Instruments Act, pending in the court of learned Judicial Magistrate (First Class), Rajkot.

(2.) The respondent No.2 herein original complainant has filed the impugned complaint being Criminal Case No. 11496 of 2009 under section 138 of Negotiable Instruments Act against the petitioner - original accused No.2 and another, in the court of learned Judicial Magistrate (First Class), Rajkot for the offence under section 138 of the Negotiable Instruments Act for dishonour of the cheque issued by the original accused No.1 a Proprietorship Firm. That in the said complaint, learned Magistrate has directed to issue Summons against the petitioner - original accused No.2 for the offence under section 138 of Negotiable Instruments Act. Hence, the petitioner - original accused No.2 has preferred the present petition.

(3.) Mr.Manish Patel, learned advocate appearing on behalf of the petitioner original accused No.2 has vehemently submitted that considering the fact that cheque in question which has been dishonoured and for which the impugned complaint has been filed, has been issued by the original accused No.1 proprietorship firm and signed by its proprietor Priteshbhai Kantilal and from the Bank Account maintained by the original accused No.1 and therefore, the petitioner herein original accused no.2 cannot be held liable for the offence under section 138 of the Negotiable Instruments Act.