SAURABH NATWARLAL SORPARKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) NONE present for the respondent, except learned APP, though served.

(2.) THE petitioner has approached this court under Section 482 of the Code of Criminal Procedure, 1973 (for short, "the Code") praying the relief of quashing the complaint registered as Criminal Case No.1289 of 1999 in the Court of learned Metropolitan Magistrate, Ahmedabad. The complaint, in the said criminal case, is filed for the offence under section 138 of the Negotiable Instruments Act, 1881 (for short, "the Act"), against eight persons including the company, its Chairman, Managing Director, other Directors, President, and General Manager. The petitioner before this court is joined therein as accused No.6 and as Director of the Company that is alleged to have issued the cheque which was returned.

(3.) LEARNED counsel Mr P.K. Jani, appearing for the petitioner submitted that, in an identical case between the same parties, this court had, by order dated 27.4.2000 in Criminal Misc. Application No.1025 of 2000, quashed the complaint as against the present petitioner and the present petition was required to be allowed for the same reasons and on the same grounds. It was further submitted that the petitioner was joined as the accused person in his capacity as the Director of the company whereas, factually, the cheque in question was issued on 1.2.1999 while the petitioner had resigned as Director of the company with effect from 3.10.1998. Therefore, the proceedings against the petitioner were indisputably untenable and an abuse of the process of Court.