FALGUNIBEN KALPESH PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this application under Section 482 of the Code of Criminal Procedure, 1973 (the Code) the applicants have prayed for quashing of complaint being Criminal Case No.1108 of 2012 filed by respondent No.2complainant in the Court of Additional Chief Judicial Magistrate, Gandevi under Section 138 of the Negotiable Instruments Act, 1881 and the order dated 11.06.2012 passed therein issuing process against the present applicantsoriginal accused Nos.2 to 4.

(2.) AT the outset it is made clear that the present application is filed by the original accused Nos.2 to 4 and, therefore, any observations made in this judgment shall apply to the present applicantsoriginal accused Nos.2 to 4 only.

(3.) THE present applicantsoriginal accused Nos.2 to 4 are the partners of a partnership firm named Hotel Shivam International. That the said partnership firm is, inter alia, engaged in the business of hotel. As stated in the complaint the original complainant advanced loan of Rs.26,00,000/ to the aforesaid partnership firm, out of which Rs.16,00,000/ have been paid off and Rs.10,00,000/ remains to be paid. That two cheques bearing Nos.230980 and 230981 dated 09.02.2012 signed by the authorized signatory of Hotel Shivam International amounting to Rs.3 50/, in numerical, and in words "Rupees Three Lakhs Fifty Thousand" and Rs.650/, in numerical, and in words "Rupees Six Lakhs Fifty Thousand" came to be issued in the name of the present complainant. As the same were dishonoured by the banker of the original complainant vide return memos dated 06.04.2012 with the endorsements "insufficient funds" as well as "amount in words & figure differ", the original complainantrespondent No.2 herein addressed a notice to the applicants as well as one Shri Kalpesh Thakorbhai Patel, who is the authorized signatory of Hotel Shivam International. As the said notice was not replied/complied with, the present application is filed.