SHYAM RADHAKRISHNA PANDEY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned advocate Mr. P.B. Khambholja appearing for learned advocate Mr. N.K. Majmudar for the petitioners and learned APP Mr. H.L. Jani for respondent No. 1.

(2.) THE present petition under sec. 482 of the Criminal Procedure Code has been fled by the petitioner for quashing and setting aside the complaint filed by M/s. Uday Drugs -respondent No. 2 before the Judicial Magistrate (First Class), Baroda, being Complaint No. 125/98 dated 30.10.1998 and has also prayed for stay of further proceedings in the complaint by which the Judicial Magistrate (First Class), Baroda had issued the process.

(3.) LEARNED advocate Mr. Khambholja for learned advocate Mr. Majmudar submitted that the present petitioners were partners of respondent No. 2 firm. It is also submitted that there was dispute with regard to business of the partnership firm and the payment was made by the original complainant, who is also a partner of the respondent No. 2 firm, for salary and other dues by cheque which has been returned and the petitioners filed a complaint under sec. 138 of the Negotiable Instruments Act, a copy of which is marked as Annexure B. However, it is submitted that only with a view to cause harassment to the petitioners the very next day the complainant has filed the aforesaid complaint being Complaint No. 125/98 before the Judicial Magistrate (First Class)., Naroda, which is at Annexure C for the alleged offences under sections 403, 406, 421, 423, 424, 464, 465, 499, 201, 202, 120 -B, 114, 168 and 34 of IPC and, therefore, the present petition has been filed under sec. 482 of Cr.P.C for quashing and setting side the said complaint.