MOHIT KRISHNA SHARMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application under Sec. 482 of the Code of Criminal Procedure, 1973, the applicants - original accused of the private complaint being C.C.No.603 of 2012, filed under Sec. 138 of the Negotiable Instruments Act, 1881, seek to quashing of private complaint mainly on the ground that the cheque in question issued by the company and the company has not been impleaded as an accused and therefore, the proceedings are liable to be quashed and set aside.

(2.) Facts and circumstances giving rise to file present application are that due to business transaction, the company viz. Shreejee Overseas (India) Private Limited issued a cheque dtd. 24/4/2012 drawn on IndusInd Bank, in favour of respondent - complainant which was dishonoured as a consequential of which the respondent - complainant filed a criminal case being C.C.No.603 of 2012 before the Judicial Magistrate Court at Upleta, Dist.: Rajkot under Sec. 138 of the N.I. Act. The signatory of the cheque is an authorized person of the company. The complaint is filed only against Directors of the company i.e. present applicants and company - Shreejee Overseas (India) Private Limited has not been arraigned as an accused. The Trial Court took cognizance of the offence and issued summons.

(3.) Aggrieved with the issuance of process, the applicants herein have preferred the instant application.