RAJNARAYAN BAIJNATH YADAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mr.Pradip Bhate, learned APP, waives service of notice of rule on behalf of respondent No.1 and Mr.Munshi, learned advocate waives service of notice of rule on behalf of respondent No.2. With the consent of the parties, this matter is taken up for final hearing today.

(2.) By filing this application under Section 482 of the Criminal Procedure Code, the applicant has prayed that the complaint instituted by the respondent No.2 herein before learned Judicial Magistrate, First Class, Khedbrahma, being Criminal Case No.110 of 2004 may be quashed and set aside. As per the averments made in the complaint, the applicant-accused had taken loan of Rs.1,50,000/- and gave post-dated cheque of 31st March, 2003 of his account No.429. On presentation, cheque has bounced back with an endorsement "fund insufficient". The complainant, thereafter, gave notice through his advocate and after waiting for requisite period, he filed the aforesaid complaint under Section 138 of the Negotiable Instruments Act. Upon filing of the complaint, learned Magistrate has issued summons against the present applicant.

(3.) Learned advocate for the applicant submitted that the applicant has not at all drawn any cheque nor he is signatory to the cheque in question. He further submitted that Account No.429 of the Indian Bank is not belonging to the present applicant. Therefore, he submitted that instead of filing complaint against the real person, the complainant has filed complaint against the present applicant and on the face of it, this complaint is not tenable and the same is required to be quashed.