JITENDRA JETHA PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE returnable forthwith. Ms.Nisha Thakore, the learned APP, waives service of notice of rule for and on behalf of the respondent no.1 - State of Gujarat. Mr.Liyakat Mehta, the learned counsel waives service of notice of rule for and on behalf of the respondent no.2 - original complainant.

(2.) By this application under section 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.920 of 2015 pending before the court of the learned Metropolitan Magistrate, Surat, for the offence under section 138 of the Negotiable Instruments Act.

(3.) The respondent no.2 is a limited company. The company is engaged in the business of manufacturing and supply of mattresses and furniture. According to the complainant, the applicant herein was one of its customers. Being one of the customers, he had purchased the mattresses and other products on credit. The complainant, thereafter, raised invoices and informed the accused that as on 27th March 2013, an amount of Rs. 76,26,766=00 was due and payable.