SHANKARLAL NATHALAL SOLANKI Vs. SURJITSINH JASVANTSINH SALUJA

JUDGEMENT

(1.) Rule. Shri KT Dave, learned APP waives service of Rule on behalf of respondent State. Though served nobody appears on behalf of respondent No.1, original-complainant. This Court has already passed order dated 9th July 2007 issuing Notice for final disposal.

(2.) By way of this application under Section 482 of the Code of Criminal Procedure, the applicant, original-accused has prayed for an appropriate order to quash and set aside criminal proceedings being Criminal Case No. 41 of 2002 pending in the Court of learned Metropolitan Magistrate, Court No.2, Ahmedabad and also order passed by learned Trial Court issuing process/summons against the petitioner under Section 420 of the Indian Penal Code.

(3.) It appears from the record that the respondent No.1, original-complainant has filed one complaint against the petitioner for the offences under Section 138 of The Negotiable Instruments Act [hereinafter referred to as 'the Act'] in the year 1997 being Criminal Case No. 762/97 which came to be dismissed for default on 10th January 2001 as the respondent No.1 herein original-complainant did not remain present before the trial Court. That thereafter the respondent No.1 herein original-complainant has filed the impugned complaint being Criminal Case No. 41/2002 against the petitioner in the Court of learned Metropolitan Magistrate, Court No.2, Ahmedabad for offences under Section 420 of the IPC alleging inter alia that after filing of the aforesaid Criminal Case No. 762/97 by the respondent No.1 herein against the petitioner for the offences under Section 138 of the Act and having served with the summons, the petitioner gave promises and assurances to him that he will make payment of cheque in question and therefore the petitioner did not remain present before the learned Trial Court and the said complaint came to be dismissed for default and inspite of the aforesaid assurances the petitioner has not made payment of the cheque amount and thus the petitioner has committed offence under Section 420 of the IPC. The learned Metropolitan Magistrate, Court No.2 issued the summons/process upon the petitioner for the aforesaid offence and therefore the petitioner has preferred the present application under Section 482 of the Code of Criminal Procedure to quash and set aside the impugned complaint being Criminal Case No. 41/2002 and the order passed by the learned Metropolitan Magistrate, Court No.2, Ahmedabad issuing process against the petitioner in the aforesaid complaint.