NEETABEN JAYESHBHAI GANDHI Vs. YOGESHKUMAR DHIRAJLAL VASHI

JUDGEMENT

(1.) BY way of this application under Section 482 of the Code of Criminal Procedure, 1973 ('the Code' for short), the petitioners have prayed for quashing and setting aside the complaint filed by respondent No.1- original complainant under Sections 138 and 141 of the Negotiable Instruments Act, 1881 ('the Act' for short), pending before the JMFC, Surat, being Criminal Case No.5849 of 2010.

(2.) HEARD MS.Reena Kamani, learned counsel appearing on behalf of Mr.P.H.Pathak, learned counsel for the petitioners, Mr.Kuntal Parikh, learned counsel appearing on behalf of Mr.Paresh Dave, learned counsel for respondent No.1 and Ms.Moxa Thakkar, learned Assistant Public Prosecutor for respondent No.2-State.

(3.) IT appears that original accused No.1 gave a cheque bearing No.014946 amounting to Rs.5,00,000/- in favour of the original complainant and the same was signed by original accused Nos.2 and 3 jointly as Directors of the Company. Thereafter, on 26.11.2009, the said cheque was deposited and the same was dishonored. The banker of original complainant i.e. "The Sarvoday Sahkari Bank Ltd.", sent a memo with an endorsement "Due To Insufficient Balance, Payment Freeze, Signature Is Not Matched and The Directors Have Not Signed" on 27.11.2009. Thereafter, the original complainant issued a Notice through his advocate upon the accused on 23.12.2009., which was received by the accused No.1-Company as well as petitioners on 26.12.2009, hence, the impugned complaint is filed on 03.02.2012 against the petitioners.