SHANTABEN MOTICHAND MARU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT petition under sec.482 of the Code of Criminal Procedure has been preferred by the petitioners - original accused Nos.3 and 4 to quash and set aside the impugned complaint being Criminal Case No.6913 of 2006 filed by the original complainant ? respondent No.2 under sec.138 read with Sec.141 of the Negotiable Instrument Act, pending in the court of learned Judicial Magistrate (First Class), Jamnagar.

(2.) THE respondent No.2 herein ? original complainant has lodged the impugned complaint being Criminal Case No.6913 of 2006 under sec.138 read with section 141 of the Negotiable Instrument Act, in the court of learned Judicial Magistrate (First Class), Jamnagar for dishonour of the cheque No.249198 dtd.15/5/2006 which was admittedly issued by the original accused No.1 ? Partnership Firm and signed by the original accused No.2 as Partner of the original accused No.1 ? Partnership Firm. In the said complaint, the learned Magistrate has directed to issue process against the petitioners - original accused Nos.3 and 4 and others for the offences punishable under section 138 read with sec.141 of the Negotiable Instruments Act. Hence the petitioners - original accused Nos.3 and 4 have preferred the present petition under sec.482 of the Code of Criminal Procedure.

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