MAHESH DAHYABHAI AHIR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. N.D. Nanavati, learned Senior Counsel with Mr. N.D. Buch, learned advocate for the petitioner, Mr. Girish M. Das, learned advocate for respondent no.2 and Mr. K.L. Pandya, learned Additional Public Prosecutor for the respondent-State.

(2.) In the present petition, the petitioner has prayed the following relief(s):-

(3.) The proceedings of present petition arise in view of the complaint filed by present private respondent under Sec. 138 of the Negotiable Instruments Act, 1881, on the allegation that the petitioner purchased one excavator machine and paid the sale consideration by way of cheque however, the cheque issued by the petitioner herein was dishonored by the bank, and that therefore, respondent No. 2-Original complainant issued statutory notice. It is also claimed that even after notice, the petitioner did not make the payment, and therefore, the respondent No. 2-Original Complainant filed the complaint which is impugned in the present proceedings.