NALINI MAHESH LANKHAPATHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Shri MB Gohil, learned advocate waives service of rule on behalf of respondent No.2. Shri Kodekar, learned APP waives service of rule on behalf of respondent No.1, - State.

(2.) By way of this application under section 482 of Criminal Procedure Code, the petitioner has prayed for an appropriate order to quash the complaint being Private Complaint No.1186/03 pending before the Court of ld. Chief Judicial Magistrate, First Class, Surat qua the petitioner.

(3.) A criminal complaint came to be filed by the respondent No.2 herein in the Court of ld. Chief Judicial Magistrate, First Class, Surat being Criminal Case No.1186 of 2003 against the petitioner and her husband for the offence punishable under section 138 read with section 141 of the Negotiable Instrument Act. It is the contention on behalf of the petitioner that the cheque in question on the basis of which the aforesaid criminal complaint has been filed is admittedly not signed by the petitioner and was signed by one Shri MB Lankapati and as the petitioner is neither the signatory of the said cheque nor the petitioner has issued the said cheque and that there are no allegation against the petitioner in the complaint, the complaint against the petitioner is required to be quashed and set aside.