SANDHYA RAMNATRAJU NAIDU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under Sec. 482 of the Code of Criminal Procedure, 1973 ('the Code' for short) for quashing and setting aside the complaints being Criminal Case No.2185 of 2015 pending before the learned Chief Judicial Magistrate, Anand filed under the provisions of the Negotiable Instruments Act (' NI Act ' for short) and all proceedings pursuant to the said complaint.

(2.) The brief facts leading to filing of this application, as stated in the application are such that the complainant is running business in the name of Milan Fero Alloys Pvt.Ltd. Who are in the business of trading of fero alloys and foundries material; that the accused no.1 is a registered company and original accused no.2 was a managing director and authorized signatory of the company; that the complainant, through his company, have traded many times with accused and accused have issued several cheques as part payment of their outstanding legal dues; that cheques impugned herein was issued by the accused no.2 in the capacity of director of accused no.1 company bearing his sole signature as party payment of alleged recovery due by accused company and when these cheques were deposited, they were returned with the endorsement 'insufficient funds'. It is further averred that demand notice was sent to the accused for the same, which was not replied and the debt was also not paid. Therefore, impugned complaint was filed.

(3.) Heard learned advocate Mr.Brahmbhatt for the applicant, learned advocate Mr.Joshi for respondent no.1- state and learned advocate Mr.Shah for respondent no.2- complainant.