THAIYAB ABDUL AZIZ BHAGALIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is preferred by the applicant under section 482 of the Code of Criminal Procedure, 1973 {"CrPC" for brevity} for quashing and setting aside the complaint, being Criminal Case No. 936 of 2013 filed before the court of learned Chief Judicial Magistrate, Dahod by the respondent no.2 and the proceedings arising therefrom.

(2.) Brief facts of the case are that the complainant and the accused (applicant) were doing business of purchasing and selling new as well as old vehicles and indulged in financial transactions with each other. While finally settling the account, an amount of Rs. 3,00,000/- (Rupees Three lacs only) were found due and payable by the accused and as against the same, the complainant was given two cheques from savings bank account No. 12350 of Janta Cooperative Bank, Nava Bazar branch on 15.03.2013, being cheque No. 165739 for sum of Rs. 1,50,000/- and cheque No. 165740 for sum of Rs. 1,50,000/-. That, thereafter, the complainant deposited these two cheques in the Limbdi Urban Co.Op Bank Ltd., Limbadi, both the cheques were returned with an endorsement of 'stop payment' on 30.03.2013. Therefore, the complainant contacted the applicant, who informed him to redeposit the said cheques. Believing his words, the complainant deposited once again the said cheques in the bank, but again, these both cheques were returned with an endorsement 'payment stopped against these cheques' on 29.04.2013, resulting into issuance of a notice under section 138 of the Negotiable Instruments Act, 1881 against the applicant-accused, which was replied to, and thereafter, the impugned complaint came to be filed by the respondent no.2.

(3.) This Court [Coram: Ms. Harsha Devani] vide Oral Order dated 16th December, 2013 issued notice and granted ad interim relief in terms of Para 12[C] of the memo. Thereafter, vide Oral Order dated 2nd April, 2014, this Court [Coram: Mr. Justice Anant S. Dave], the interim relief granted earlier has been ordered to be continued till further order.