PRASHANT JANARDAN AGRAWAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the petitioners have prayed for quashing and setting aside issuance of Summary Criminal Case No.1199 of 2014 pending before the learned CJM, Surendranagar as well as all other consequential proceedings arising out of the aforesaid criminal case qua the petitioners herein.

(2.) Brief facts of the case are as under:-

(3.) Learned Senior Counsel Mr. R R Marshall assisted by Learned Advocate Dr. Abhisst Thaker appearing for the petitioners after taking this court through the complaint filed under Sec. 138 of the Negotiable Instruments Act, 1881 (in short "the Act") would submit that the complainant has failed to prove that the cheque in question was issued towards the existing liability of Rs.18,93,195.00. Learned Senior Counsel Mr. RR Marshall took this court through the complaint and submit that in a complaint, the complainant has nowhere mentioned that how the amount of Rs.18,93,195.00 is outstanding against the accused. He would further submit that pure business transactions arose between the complainant and the accused and it runs in accordance with the oral terms and agreements made between the parties. He would further submit that as per Annexure B, an agreement was entered into between the parties which commenced from 30/3/2012 and ended on 25/3/2013, which indicates that there is a total transaction of Rs.83,49,000.00 between the parties and out of which only Rs.58,053.00 is outstanding. But the complainant without mentioning the transaction between the parties straightway misused the blank cheques and filled Rs.18,93,195.00 in the cheque and thereafter got it dishonoured and the complainant has filed the complaint. He would further submit that the learned trial Court has issued summons without examining that whether prima facie proves that the cheque is issued towards existing liability or not.