S SHAGUNTHALA DEVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code" for the sake of convenience) for quashing and setting aside the complaint being Criminal Case No.215 of 2013 pending before the Additional Chief Metropolitan Magistrate, Negotiable Instrument Act, Court No.30, Ahmedabad, qua the applicant.

(2.) Heard learned advocate Mr.R.J. Goswami for the applicant, learned Additional Public Prosecutor Mr.D.M. Devnani for respondent No.1 and learned advocate Mr.F.B. Brahmbhatt for respondent No.2 - complainant.

(3.) Learned advocate Mr.Goswami appearing for the applicant accused submitted that respondent No.2 complainant has filed the impugned complaint under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "the N.I. Act" for short) against Westlands Chemtex Traders Pvt. Ltd and two others including the present applicant. In the said complaint, the applicant is shown as accused No.3 It is contended that the complainant has though stated in the complaint that the applicant accused is Director of accused No.1 Company and looking after day-to-day affairs of accused No.1 Company, no further averments are made in the impugned complaint that how the applicant accused is in charge of the business of the Company. It is also not stated that at the time of commission of the offence, whether the applicant accused was in charge of business of the Company, or not. It is, therefore, submitted that in absence of specific averments made against the applicant accused, learned Magistrate has committed an error while issuing summons to the applicant accused.