(1.) Rule. Heard Mr. J. D. Ajmera for the petitioner and Mr. K. D. Vasavada for respondent No. 1 and Mr. Y. F. Mehta learned A.P.P. on behalf of respondent No. 2 at length on merits. Hence I proceed to dispose of the petitioner finally at the stage of admission.
(2.) Original accused in Cri. Case No. 7290/95 on the file of Chief Judicial Magistrate, Surendranagar has filed the present petition for quashing the said criminal proceedings.
(3.) The respondent-Gunvantlal Shivlal Shah has filed the said private criminal case under Section 138 of the Negotiable Instruments Act, 1881 alleging that a cheque bearing No. 47787 drawn on Bank of Baroda, Surendranagar Branch given by the present petitioner for an amount of Rs. 30,000/- has been dishonoured by the bank and thereafter he had issued notice dated 29-9-95 calling upon the present petitioner to pay the amount but no reply to the said notice was given. The respondent has produced along with his complaint the cheque as well as the memo issued by the Bank of Baroda, Surendranagar and that the learned Magistrate was pleased to issue process against the present petitioner and therefore, the petitioner has come before this Court.