VICKY HARESHBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under Sec. 482 of the Code of the Criminal Procedure, 1973 ("the Code" for short) for quashing and setting aside the complaint being Criminal Case No.54549 of 2019 pending before the learned Additional Chief Metropolitan Magistrate, Court No.37, Ahmedabad City, which is filed by respondent No.2 - original complainant against the present applicant under Sec. 138 of the Negotiable Instruments Act, 1881 ("the Act" for short).

(2.) Heard learned advocate Mr.Krunal G. Patel for the applicant and learned Additional Public Prosecutor Mr.L.B. Dabhi for the respondent State.

(3.) It is submitted by the learned advocate for the applicant that the impugned complaint is nothing but a gross abuse of the process of the Court and though the present applicant accused has paid the amount by NEFT to the complainant, the impugned complaint is filed under the provisions of Sec. 138 of the Act. It is further submitted that the complainant has misused the blank cheques issued by the present applicant. Learned advocate, therefore, urged that the impugned complaint be quashed and set aside.