NATUBHAI M PANCHAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) As common question of law and facts arise in these applications, they are being disposed of by this common judgment.

(2.) Criminal Misc.Application No.833 of 2007 has been filed by the petitioners original accused for an appropriate order to quash and set aside Criminal Case No. 3981 of 1999 filed by respondent No.2 against the petitioner pending in the Court of learned Chief Judicial Magistrate, Vadodara.

(3.) Both the aforesaid criminal complaints are filed by respondent No.2 in the Court of learned Chief Judicial Magistrate, Vadodara against the respective petitioners for the offence punishable under Section 138 read with Section 141 of the Negotiable Instruments Act ('NIAct' for short) alleging inter-alia that cheques which were issued by the original accused No.1 have been returned with an endorsement 'exceed arrangements'. Thereafter, statutory demand notices were served upon the petitioners, still after stipulated time of show cause notice, amount has not been paid and therefore, aforesaid criminal complaints are filed and the learned chief Judicial Magistrate, Vadodara has issued summons in the said cases. Therefore, the petitioners have preferred the present applications under Section 482 of the Cr.P.C. to quash and set aside the aforesaid complaints.