DILIP SHANTILAL TRIVEDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) As both these applications are arising out of the same Criminal Case, they are being disposed of by this common judgment and order.

(2.) Special Criminal Application No. 1164 of 2006 is filed by the applicants original accused Nos.3 and 4 and Criminal Misc. Application No. 2575 of 2007 is filed by the applicant original accused No.5 under Section 482 of the Criminal Procedure Code to quash and set aside the complaint being Criminal Case No. 925/2004 pending in the Court of learned Metropolitan Magistrate, Court No.9, Ahmedabad.

(3.) The Borsad Urban Cooperative Credit Society Limited original complainant through its Manager has filed Criminal Case No. 2185 of 1999 in the Court of learned Metropolitan Magistrate, Court No.9, Ahmedabad against the respective applicants as well as other co-accused for the offence punishable under Section 138 r.w. Sections 141 and 142 of the Negotiable Instrument Act, 1881 (hereinafter referred to as Sthe Act for short) alleging inter alia that the original accused No.1 is a company; accused No.2 is the Chairman and Managing Director of the company; accused Nos.3 and 4 are the Directors of the company and the accused No.5 is Chief Executive of the said company. It is submitted in the said Criminal Case that Cheque No. 277124 dated 22.3.1999 was issued for an amount of Rs. 25,00,000/- in favour of the complainant and when the said cheque was deposited in their bank, the same was returned with the endorsement Sinsufficient fund on 22.3.1999. It is alleged in the complaint that the intimation was received from the bank on 23.3.1999 and thereafter statutory notice as contemplated under Section 138 of the Act was issued on 5.4.1999 and inspite of the service of the statutory notice, the amount mentioned in the aforesaid cheque has not been paid and therefore, it is alleged that the applicants as well as other accused have committed offence under Section 138, r.w. Section 141 and 142 of the Act. That the learned trial Court issued the summons by order dated 9.5.1999 therefore, the respective applicants have preferred the present applications under Section 482 of the Criminal Procedure Code to quash the complaint being aforesaid Criminal Case in exercise of the powers under Section 482 of the Criminal Procedure Code.