KISHAN KUMAR MODI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mr. R. C. Kodekar, learned Additional Public Prosecutor waives the service of notice of rule on behalf of the respondent No. 1 "state and Mr. Prabhav Mehta, learned advocate waives the service of notice of rule on behalf of the respondent No. 2 "original complainant. With the consent of the learned advocate appearing on behalf of the respective parties, the petition is taken up for final hearing.

(2.) BY way of this petition under Sec. 482 of the Code of Criminal Procedure, the petitioner "original respondent No. 4 has prayed for appropriate writ, order and/or direction to quash and set aside the order dtd. 5/2/2008 passed by the learned Metropolitan Magistrate, Court No. 13, Ahmedabad in Criminal Case No. 281 of 2008 issuing process for the offences under sec. 138 of the Negotiable Instruments Act, 1881.

(3.) IT is the contention on behalf of the petitioner that the cause of action to file complaint under sec. 138 of the Negotiable Instruments Act, arose in the month of July, 2007 and admittedly the petitioner resigned as Managing Director / Director of the Company on 25/1/2007 and therefore, it is submitted that even at the time when the cause of action to file the complaint had arisen, the petitioner was neither Director nor Managing Director of the Company by whom the cheque in question was alleged to have been issued. Therefore, it is requested to quash and set aside the process issued by the trial court.