MAHESHBHAI VISHNUBHAI PATEL Vs. VISHNUBHAI RAMBHAI PATEL

JUDGEMENT

(1.) By way of this Application under Section 482 of the Code of Criminal Procedure, the applicant herein (original accused in Criminal Case No.1502/2004) has prayed for an appropriate order to quash and set-aside the order dated 4th September, 2004 for issuance of process in the Criminal Case No.1502/2004 and to quash and set-aside the criminal proceedings of Criminal Case No.1502/2004 pending before the learned Chief Judicial Magistrate, Surendranagar.

(2.) A criminal complaint has been filed by the respondent no.1 herein (original complainant) against the petitioner in the Court of learned Chief Judicial Magistrate, Surendranagar being Criminal Case No.1502/2004 for the offences under Sections 138 and 142 of the Negotiable Instruments Act (hereinafter referred to as, "the Act"), inter alia, alleging that the petitioner had given one cheque bearing no.175589 dated 21st July, 2004, drawn on the Ahmedabad District Cooperative Bank Limited, D-Cabin Branch, Sabarmati, Ahmedabad in the sum of Rs.1,90,000=00 of SB Account No.7465. When the said cheque was presented, it has been returned with an endorsement "funds insufficient". It is further averred in the complaint that thereafter a statutory notice was sent to the petitioner by RPAD but the same has been returned with an endorsement "refused". As the said amount has not been paid within the stipulated period, the petitioner has committed offence under Section 138 of the Act. In the said complaint, the trial Court has passed order to issue summons upon the petitioner for the offence under Section 138 of the Act.

(3.) The learned advocate appearing on behalf of the petitioner has submitted that the petitioner had neither signed any such cheque nor had he issued any cheque to the complainant more particularly the account No.SB 7465 was not of the petitioner at all and when the petitioner was not the account holder of account No.SB 7465 from which the impugned cheque was issued, it cannot be said that the petitioner has committed any offence as alleged under Section 138 of the Act. Therefore, it is requested to quash the said complaint and allow the present Application.