URMILA CHANDRAVADAN DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Ms. Dilbur Contractor, learned Advocate for the petitioner, Ms. Moxa Thakkar, learned APP. for respondent- State. Though served no one appears for respondent no.2 ­ complainant.

(2.) BY way of this petition the petitioner has prayed for quashing and setting aside the order of issuance of process passed by Chief Judicial Magistrate, Amreli in Criminal Case No. 326 of 2009. The facts which are relevant for the purpose of this petition are enumerated as under:

(3.) RESPONDENT no.2 herein, thereafter gave notice as provided u/s. 138 of the Negotiable Instruments Act,1881 (hereinafter referred to as 'the Act' for the sake of brevity) dated 5.1.2009 calling upon the accused to make payment. It is averred in the petition that such a notice was served upon the petitioner on 13.1.2009. The complaint came to be filed on 12.2.2009 by respondent no.2 against both the directors of Chunnilal Pranjivandas Cotton Company Pvt. Ltd - Accused no.1 ­ Deepam Bhikhabhai Thanawala, whole time director of the said company and also against the present petitioner. The Trial Court by impugned order dated 16.2.2009 issued process u/s. 204 of the Code and being aggrieved by the same, the present petition is filed. Though served no one appears on behalf of respondent no.2. In fact, the matter was listed for its final hearing before this Court on 23.1.2013 and 28.1.2013 i.e. today.