AJAY RAMNIKLAL MODI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Though there are 8 matters, the substantial matters are Criminal Misc. Applications No. 1798 of 1997 to 1801 of 1997. They are the petition filed under Section 482 of Criminal Procedure Code praying for quashing of 4 different criminal cases of Chief Judicial Magistrate, Baroda. All the four cases are under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the "said Act"). The remaining 4 applications are filed in the respective main applications praying for recalling the order of issuance of Rule passed by the learned single Judge The Rule issued in all the four matters is being finally heard. It is obvious that those applications praying for review or recall of the order do not survive.

(2.) Coming back to the main petitions No. 1798 of 1997 to 1801 of 1997, the common question argued in all the four matters is that the complaint filed before the Chief Judicial Magistarate being the one lodged by the power of attorney-holder of the payee, is not maintainable as per the provisions of Section 142 of the said Act.

(3.) It is an admitted postion that the cheque was issued in favour of Surjit Mukesh Rawal. The complaint is filed by the power of attorney-holder Mukeshkumar Yuvrajsing Yadav. Section 142(a) pertaining to the aforesaid question is as under: