RAJESH CHAMANBHAI KANANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of preferring present application under Sec. 482 of the Criminal Procedure Code, 1972, the applicants have invoked extra ordinary jurisdiction of this Court for quashing and setting aside the criminal complaint being Criminal Case No.389/2017 pending before the court of the learned 12th Additional Chief Judicial Magistrate, Rajkot.

(2.) Heard learned advocate, Mr. Sandeep Limbani for the applicant, learned APP Mr. Hardik Soni for the respondent and learned advocate, Mr. Pratik Jasani for the respondent no.2.

(3.) The brief facts leading to the filing of the present application are as under, 3.1 That, the applicant and the respondent no.2 both were friend and while doing business, the applicant suffered loss in his business and as he was in need of money, he had borrowed Rs.10,00,000.00 from the respondent no.2 with an assurance that it will be repaid, however after sometime, the respondent no.2 started demanding the said amount and, therefore, the applicant issued Cheque No.315238 dtd. 28/8/2015 drawn on ING Vyasa Bank Ltd. from the account of Kanani Trading Company with an assurance that it will be honoured on deposit of the same and relying upon the said assurance, the respondent no.2 deposited the said cheque in his account, however, it was dishonoured and, hence, a legal notice was issued upon the applicant, which was duly served, however, the applicant did not make the payment and, hence, the respondent no.2 filed aforesaid complaint before the competent court, wherein after verification of the complainant, process was issued, which has been challenged by the applicant before this Court by filing aforesaid quashing petition.