KIRAN SURENDRABHAI PADMASALI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate for the applicant.

(2.) This application is filed for quashing of the private complaint being Criminal Case No.835 of 2018 filed under Sec. 138 of the Negotiable Instruments Act, 1881. The applicant being a Manager of the Company has been arraigned as accused no.3.

(3.) A bare reading of the complaint, it is nowhere mentioned that the applicant being a Manager was incharge and responsible of the day-to-day affairs of the company. In such circumstances, necessary averments for fastening the liability of the applicant, as contemplated under Sec. 141 of the N.I. Act are missing. In such circumstances, matter deserves consideration. Let Rule for final disposal be issued, returnable on 14/6/2023. Learned APP waives service of rule for the respondent - State. Meanwhile, interim relief in terms of Paragraph-12(B) is granted qua applicant. The learned Trial Court concerned is at liberty to proceed further against accused nos.1 and 2, in accordance with law.