JAINARAIN GUPTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Shri Gogia, learned advocate waives service of notice of Rule on behalf of Respondent No. 2 - original complainant and Shri L.B. Dabhi, learned Additional Public Prosecutor waives service of notice of Rule on behalf of Respondent No. 1 - State. In the facts and circumstances of the case and with the consent of learned advocates appearing for respective parties, both the applications are taken up for final hearing today.

(2.) As common question of law and facts arise in present two Criminal Miscellaneous Applications, they are being disposed of by this common judgment and order.

(3.) Shri Gupta, learned advocate appearing on behalf of the applicant - original accused No. 6 has vehemently submitted that as such the applicant was never the Director of the original accused No. 1 Company, who has issued the cheque. It is submitted that applicant - original accused No. 6 is neither the signatory to the cheques in question nor in any manner responsible for the day to day functioning of the company and the cheques in question have not been issued by applicant. It is submitted that despite the above, the applicant has been joined as accused in the impugned complaints for dishonour of the cheques in question for offences punishable under Section 138 of N.I. Act.