SURESHBHAI NARSINHBHAI PARSANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Ms. Pathak, the learned APP, waives service of notice of rule for and on behalf of the respondent No.1-State and Mr. Suren B. Patel, the learned counsel, waives service of notice of rule for and on behalf of the respondent No.2.

(2.) By this application under sec. 482 of the Code of Criminal Procedure, 1973, the applicant-original accused seeks to invoke the inherent powers of this Court praying for quashing of the proceedings of the Criminal Case No.6412 of 2015 filed in the court of the learned Chief Judicial Magistrate, Rajkot arising from a complaint filed under sec. 138 of the N.I. Act for the dishonour of the cheque.

(3.) Mr. Chandrani, the learned counsel appearing for the applicant invited my attention to the averments made in para-2 of the complaint. It appears that according to the averments made in the complaint, the applicant herein borrowed an amount of Rs.16,50,000.00 from the complainant as he wanted to purchase a parcel of land. This amount was borrowed by the applicant from the complainant way back on 3/11/2008. To discharge this liability, the cheque in question dtd. 14/5/2015 was drawn by the applicant in favour of the complainant, which came to be dishonoured on account of the funds insufficient.