BHIKHABHAI LALJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition filed u/s 482 of the Code of Criminal Procedure (in short "the Code"), the petitioner seeks to quashment of the complaint being Criminal Case No.656 of 2013 lodged with the learned JMFC, Vadali filed u/s 138 of the Negotiable Instrument Act (in short " NI Act ").

(2.) Brief facts of the case are that respondent No.2 Patel Davabhai, who is original complainant has filed criminal case on 5/9/2013 u/s 138 of the NI Act before the learned JMFC, Vadali inter alia on the ground that the complainant and the present petitioner belongs to same community and were knowing each other. Both used to visit each other frequently and as such they came in touch and have developed good relation. Therefore, prior to filing of the complaint, the petitioner has advanced Rs.3,50,000.00 from the complainant under the good relationship and as such, the petitioner has borrowed Rs.3,50,000.00 from the complainant. To repay the said amount, the petitioner has issued cheque No.001971 payable from the account maintained with Khedbrahma Nagrik Sahkari Bank Limited, Hatharwa dated

(3.) 7.2013. The complainant under the instruction of the petitioner deposited said cheque in the SBI, Hatharwa branch. The said cheque came unpaid on 14/7/2013 with the endorsement "Fund Insufficient". Therefore, the complainant issued statutory notice u/s 138 (B) of the NI Act and since the notice was not complied with in letter and spirit and the petitioner did not pay the amount of Rs.3,50,000.00 claimed in the statutory notice, neither replied to the statutory notice, upon completion of the statutory time period, the complainant has filed criminal complaint u/s 138 of the NI Act before the learned JMFC, Vadali, which was initially registered as Inquiry Case No.31 of 2013, whereby the learned JMFC after verification of the complaint, passed an order on 12/10/2013 in inquiry and ordered to registered criminal complaint u/s 138 of the NI Act and has issued process to the present petitioner. Being aggrieved, the petitioner has preferred this petition. 3. On 9/1/2014, this Court has issued notice returnable on 7/2/2014 and granted interim relief in terms of para 9(B). Though served, the respondent No.2 has chosen not to appear and hence, on 14/8/2014, this Court has issued Rule and extended the ad interim relief till further orders.