DEEPABEN ASHISHBHAI PACHCHIGAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner is accused No. 1 in Criminal Complaint No. 724 of 2002 filed before the Court of Judicial Magistrate, First Class, 1st Court, at Surat, under Section 138 of the Negotiable Instruments Act, wherein she is shown as the proprietor of one Deepa Enterprise and her husband, Ashesh Sureshbhai Pachchigar, is shown as accused No. 2. The case of the complainant is that the petitioner is the proprietor of Deepa Enterprise and Ashesh Sureshbhai is managing the affairs of the said proprietorship firm. He had borrowed rupees two lacs from the complainant for business purpose against which he had issued a cheque dated 31st October, 2001, drawn on Prime Co-operative Bank Limited, Katodara Ring Road, Surat. The said cheque, on being presented, was dishonoured. Therefore, the complainant issued a notice, to which a vague reply was given and, therefore, the complaint.

(2.) THE petition is preferred under Section 482 of the Code of Criminal Procedure for quashment of the complaint by the petitioner on the ground that she is not the proprietor of Deepa Enterprise and has nothing to do with that firm except that the firm is owned by her husband, Ashesh Suresh Pachchigar. In support of the petition, a certificate from the bank is also produced to show that Deepa Enterprise is the sole proprietorship firm of Ashesh Pachchigar.

(3.) LEARNED Advocate, Mr. Kapadia, has reiterated these grounds. Original complainant, though tried to be served with notice of Rule, has refused to accept and has chosen not to contest this petition. Respondent No. 3-bank is also served with notice of Rule and has chosen not to contest this petition.