LATABEN C KHUDKHUDIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Ms. P.G.Joshi with Mr. A.B.Vyas for the applicant, Ms. Moxa Thakkar, learned APP. for respondent­State and Mr. P.C. Kavina, learned Senior Advocate with Mr. Shakti Jadeja, learned Advocate for Mr. P.P.Majmudar, learned Advocate for respondent no.2.

(2.) BY way of this application under section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Code' for the sake of brevity), the applicant-original accused has prayed for quashing the complaint filed by respondent no.2 u/s. 138 of the Negotiable Instruments Act,1881 (hereinafter referred to as NI Act for the sake of brevity) which has been registered as Criminal Case No. 1398 of 2011 in the Court of Metropolitan Magistrate, Court No. 28, Ahmedabad and also further order of issuance of process dated 15.11.2011 in pursuance to the complaint annexed at Annexure 'A' to this application.

(3.) ON perusal of the impugned complaint at Annexure 'A' to the application, it transpires that the said complaint is filed in relation to cheque no. 349470 dated 30.7.2011 amounting to Rs.21,00,000/- (Rupees Twenty-one lakhs only) drawn on HDFC AXIS Bank, Kandivali (West) Branch and payable at par in favour of respondent no.2-original complainant. It further transpires from the complaint that the said cheque came to be deposited for realization with HDFC Bank, Darpan Six Road, Ahmedabad branch on 16.9.2011. However, the same was returned with remark 'payment stopped by the drawer'. It further appears that after the receipt of the memo from the bank the original complainant gave statutory notice on 10.10.2011 and it is revealed from the complaint itself that the same has been duly served upon the applicant on 13.10.2011.