AYYUBKHAN KALEKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed for quashing and setting aside Criminal Case No.788 of 2019 pending before the Chief Judicial Magistrate Court, Surendranagar.

(2.) It is the case of the petitioner that the petitioner is proprietor of M/s. A.K.Construction. The brother of the petitioner is the owner of another proprietary firm i.e. M/s. A.K.Road Contractor. It is the case of the petitioner that M/s. A.K.Road Contractor and M/s. A.K. Construction are two different firms and since the complaint under Sec. 138 of the Negotiable Instruments Act (for short, 'the Act') is registered by the complainant in respect of a cheque issued by the M/s. A.K.Road Contractor, he does not have any connection with the cheque issued by M/s. A.K.Road Contractor, and therefore, the entire proceedings udder Sec. 138 of the Act against the petitioner are misconceived, and therefore the impugned proceedings are required to be quashed and set aside.

(3.) Mr. Rajan Patel, learned advocate for the petitioner has submitted that the firm M/s. A.K.Road Contractor does not belong to the petitioner, and therefore, the entire proceedings initiated against the petitioner are misconceived as he is not the drawer of the cheque, and therefore, those proceedings are required to be quashed and set aside. He further submitted that since the cheque issued allegedly by the petitioner belongs to M/s. A.K.Road Contractor, any proceedings would lie against brother of the petitioner i.e. Anishkhan Kalekhan Pathan and not against the petitioner.