PRADIPKUMAR LAXMINARAYAN BINANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The respondent no.2 - original complainant although served with the notice of rule issued by this Court, yet has chosen not to remain present either in person or through an advocate and oppose this application.

(2.) By this application under section 482 of the Code of Criminal Procedure, 1973, the applicantoriginal accused seeks to invoke the inherent powers of this Court praying for quashing of the proceedings of the Criminal Case No.1764 of 2013 pending before the Court of the learned 5th Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Surat, arising from the complaint filed under Section 138 of the Negotiable Instrument Act for the dishonour of cheque.

(3.) It appears from the materials on record that the accused no.1 in the complaint is a Company of which the accused no.2 is the Director and Authorized Signatory and the accused no.3 is one of the Directors i.e. the applicant herein. Indisputably, the cheque has been signed by the accused no.2 viz.Atmaram Bodulal Agrawal as the Authorized Signatory of the Company and as also one of the Directors.