SRILATHA KOTRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application under Sec. 482 of the Code of Criminal Procedure (for short "the Code"), the applicant seeks quashing of the Criminal Case No.1475 of 2016 filed by the complainant pending in the Court of 2 nd Additional Judicial Magistrate, Gandhidham Kachchh and further proceedings arising thereof.

(2.) The brief facts of the case are as under :

(3.) Learned advocate Mr.Shah argued that cheque in question has not been signed by the petitioner, it is signed by accused no.2. He would submit that power of attorney which is alleged to have been brought to trial is not executed by the petitioner for the purpose of operating bank account and therefore, he submits that prosecution against petitioner under Sec. 138 of NI Act is futile exercise and abuse of process of law and therefore, he submits to quash the complaint.