SMITA VIKAS NAIKNAVARE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Shri MR Mengdey, learned APP on behalf of the State and Shri Devang Nanavati, learned advocate on behalf of opponent No.2 waive service of Rule.

(2.) By way of this application under Section 482 of the Code of Criminal Procedure original- accused No.3 of Criminal Case No. 25780/2006 has prayed for an appropriate direction for quashing and setting aside the Complaint No. 58/2004 - Inquiry Case No. 45/2005 subsequently numbered as Criminal Case No. 25780/2006 filed by the respondent No.2 herein pending in the Court of learned Judicial Magistrate (FC), 1st Court at Surat.

(3.) A criminal complaint has been filed by the respondent No.2 herein, original-complainant in the Court of learned JMFC, 1st Court at Surat against Naiknavare Associates Promoters & Builders Pvt. Ltd and others for the offences under Section 138 and 141 of The Negotiable Instruments Act read with Section 406, 420, 114, 120(B) of the Indian Penal Code and applicant is original-accused No.3 in the said complaint. It is alleged in the complaint that accused No.1 is a Registered Private Limited Company; accused No. 2 to 6 are Directors thereof; the company has given a cheque No. 296720 dated 4.4.2004 amounting to Rs. 11,50,000 drawn in favour of the complainant company; and the said cheque was signed by accused No.4 as Authorised Signatory of accused No.1 Company. It is alleged in the complaint that when the said cheque was deposited with their bankers the same has been returned with an endorsement SFunds Insufficient . It is submitted in the complaint that thereafter a statutory notice was sent and inspite of that payment has not been made and therefore the petitioner and other accused have committed offence under Section 138 read with Section 141 of The Negotiable Instruments Act [hereinafter referred to as 'the Act']. The learned Trial Court has issued summons for the offences punishable under Section 138 read with 141 of the Act against the petitioner and other accused. Being aggrieved and dissatisfied with the same the petitioner here, original-accused No.3 has preferred the present application under Section 482 of the Code of Criminal Procedure to quash and the complaint.