NAYNABEN RAMESHCHANDRA JAVIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By filing this petition, the petitioners have prayed to quash and set aside impugned order dtd. 26/7/2021 passed by learned Additional Chief Judicial Magistrate, Vankaner, below Exh.100 in Criminal Case No.724 of 2016 and further be pleased to allow the prayers made in aforesaid application.

(2.) The petitioners are accused nos.1 and 2 in the complaint filed by the complainant under the Negotiable Instruments Act , for dishonour of cheque of Rs.4,17,800.00, which came to be registered as Criminal Case No.724 of 2016. In the statement of the accused, dispute is raised that signature on the cheque is not of accused-Rameshchandra Bhanjibhai Javia and the petitioners have not purchased any goods from the complainant on credit basis and the petitioners are not liable to pay the amount to the complainant. It is also stated by the petitioners that earlier petitioner no.2 was partner in Jayant Oil Mill, however, he is relieved from said firm on 31/3/2000. It is also stated that they have closed down the business of Shiv Industries and Anjali Enterprise and the petitioners were residing at Rajkot and, therefore, books of account, cheque book, slip book, letter pad, bill book, rubber stamp of the firm, etc. were kept by brother of the accused no.2 at Dhoraji for convenience in use. However, brother of accused no.2 has misused cheques of said firm and given cheque to third party for making payment. The petitioners have also filed a complaint being C.R.No.60 of 2006 in this regard. Accordingly, it is stated that the petitioners have not issued any cheque in favour of the complainant. Since the petitioners are disputing signature on the cheque, they have filed an application at Exh.100 in Criminal Case No.724 of 2016 for sending it to hand-writing expert, which came to be dismissed by impugned order dtd. 26/7/2021. Being aggrieved and dissatisfied with the impugned order, present petition is filed by the petitioners.

(3.) Heard learned advocate Mr.Tushar Sheth for the petitioners and learned APP, Mr.Soaham Joshi for the respondent-State.