KIRITBHAI RANCHHODBHAI DESAI Vs. KIRANBEN BHUPENDRABHAI PRAJAPATI

JUDGEMENT

(1.) Though served, nobody appears on behalf of respondent No.1, original-complainant. Under the circumstances this Court has no other alternative but to proceed further with hearing of the present application on merits ex-parte.

(2.) By way of this application under Section 482 of the Code of Criminal Procedure the applicant original-accused No.3 has prayed for an appropriate order quashing and setting aside criminal complaint being Criminal Case No. 2082/2007 pending in the Court of JMFC, Vadodara for the offences under Section 138 of the Negotiable Instruments Act and the order of process issued by the learned JMFC dated 31.3.2007 in the complaint.

(3.) A criminal complaint being Criminal Case No. 2082/2007 has been filed by respondent No.1 herein in the Court of learned JMFC, Vadodara against the petitioner and others for the offence under Section 138 of the Negotiable Instruments Act [ Sthe Act for short] alleging inter alia that original-accused No.1 was friend of original-complainant; as accused persons were owners of one Erect Engineering and they were in need of finance she has given Rs. 2,50,000 to them and at that time the applicant herein original-accused No.3 was present when finance was given to accused No. 1 and 2. It is further alleged in the said complaint that thereafter the original-accused No.2 who is son of the petitioner had repaid the said loan amount of Rs. 2,50,000 by cheque No. 018883 and when the said cheque was deposited with bank the same has been returned with endorsement Sfunds insufficient . It is further alleged and averred in the complaint that thereafter again the cheque was deposited however the same was again returned with endorsement Sfunds insufficient . It is also averred and alleged in the complaint that thereafter all the accused persons were served with Registered AD notice as required under Section 138 of the Act; all the accused persons have given evasive reply and have not paid the amount under the cheque and thus committed offence under Section 138 of the Act; that the learned JMFC, Vadodara issued process against the applicant and others for the offence under Section 138 of the Act; and hence the applicant herein, original-accused No.3 has preferred the present application under Section 482 of the CR.P.C., for quashing and setting aside the said complaint.