KANTABEN MURJIBHAI VARSANI Vs. NEETABEN SUBHASHBHAI JOSHI

JUDGEMENT

(1.) By way of this application, the applicant is seeking quashment of Criminal Complaint No. 1826 of 2014 filed by respondent no. 1 under Sec. 138 of the Negotiable Instrument Act, 1881 for the alleged dishonour of cheques.

(2.) Facts and circumstances giving rise to file the present application are that, respondent no. 1 has filed a Criminal Case under Sec. 138 of the N.I. Act, against 5 accused. The applicant is arraigned as accused no. 3. Accused No. 1 is a Partnership Firm, whereas, accused nos. 2 to 5 including present applicant has been impleaded as a Partners of the Firm. The respondent no. 1 had advanced Rs.10.00 lakhs for a short term loan to the accused no.2, against this, 2 cheques were issued allegedly signed by the accused no. 2 for and on behalf of the accused no. 1 - Partnership Firm. The said cheques were dishonoured and after statutory notice served upon the accused, they did not pay the cheques amount. In such circumstances, the aforementioned criminal case is filed which is pending before the Chief Judicial Magistrate Court at Bhuj at Kutch district.

(3.) Mr. A.R. Gupta, learned counsel for the applicant herein would submit that, the cheques in question is not issued by the applicant herein nor she is the signatory of the cheques. Even, at relevant time, she was not Partner of the Partnership firm and therefore, in absence of incriminating material against the applicant herein, the proceedings pending against her is nothing but a sheer abuse of process of court. He would further urge that the learned Magistrate, erred in taking cognizance of the complaint as much as the complaint is vague and does not disclose any offence much less offence under Sec. 138 of the N.I. Act against the applicant.