HARIKRUSHNA KALYANJI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application, under Sec. 482 of the code of Criminal Procedure, 1973 the applicant seeks to invoke the inherent powers of this Court, praying for quashing of the Criminal Case No.577 of 2009 pending before the learned Metropolitan Magistrate (Negotiable Instruments Act), Court No.34, Ahmedabad and all the proceedings arising thereto.

(2.) Learned advocate for the applicant has submitted that the present petition is filed under Sec. 138 of the Negotiable Instruments Act (for short, "the Act"), 1881 by respondent No.2 through her power of attorney holder. He further submits that there was no any transaction took place between the applicant and the respondent No.2. He also submits that the blank cheques issued to husband of respondent No.2 and the said cheques are misused for oblique motives even drawee bank viz. Gujarat Industrial Cooperative Bank Limited (for short, "the Cooperative Bank") had already closed down its business and ceased to be member of Ahmedabad Bankers Clearing House with effect from 2008. He further submits that the cheques had neither been presented nor it went for clearing nor it had been dishonoured.

(3.) Learned advocate for the applicant, therefore, submits that no offence is made out and even entire transaction is of civil nature and present complaint is not maintainable. Hence, he has requested to quash and set aside the present complaint, as the applicant having good relations or friendship with husband of respondent No.2 and he is a practicing advocate. He further submits that the husband of respondent No.2 has misused the blank cheques by filling up all details without knowledge of the present applicant.