ANIL VASUDEV RAJGOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Ms. Thakore, the learned Additional Public Prosecutor wavies service of notice of rule for and on behalf of the respondent - State of Gujarat. Mr. Asim Pandya, the learned counsel waives service of notice of rule for and on behalf of the complainant.

(2.) By these two applications under Section 482 of the Code of Criminal Procedure, 1973, the applicant - original accused No.3 seeks to invoke the inherent powers of this Court, praying for quashing of the proceedings of the Criminal Cases Nos.1076 of 2015 and 1075 of 2015 respectively pending in the Court of the learned Judicial Magistrate First Class, Dhanera, District: Banaskantha. Both the criminal cases are relating to dishonour of cheques punishable under Section 138 of the Negotiable Instruments Act.

(3.) The applicant herein has been arraigned as an accused in his capacity as one of the partners of the partnership firm namely, Mangalam Oil Industries. Indisputably, the applicant has not signed the cheques on behalf of the firm. The cheques in question were signed by the original accused No.1 in his capacity as a partner for and on behalf of the partnership firm.