HETAL MAHENDRA THAKKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C . for short), the applicant seeks to invoke the inherent powers of this Court, praying for quashing of Criminal Case No.928/2013 pending before the learned Metropolitan Magistrate (Negotiable Instruments Act), Court No.30, Ahmedabad and all other consequential proceedings arising therefrom.

(2.) Learned advocate for the applicant has submitted that the present applicant is not a signatory to the cheque nor the cheque has been issued on behalf of any company or association. Even the applicant is not a drawer of the cheque and therefore, he cannot be made vicariously liable as the cheque was not issued towards any legally enforceable debt. Even the present applicant is not an account holder and the cheque is issued by accused No.1 - Ritesh Dilipbhai Kotak, who is account holder and he maintains account with the bank. Hence, impugned complaint under Sec. 138 of the Negotiable Instruments Act against the applicant is not maintainable and therefore, he has requested to quash and set aside the proceedings.

(3.) Learned advocate appearing for the opponent while opposing the application has stated that, while the cheque was issued, at that time, the applicant was present and both the accused have issued cheque in connivance with each other and no reply of the notice is given by the present applicant. Hence, he submitted that present application does not deserve any consideration.