NITIN ASHOKBHAI KAPADIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) NONE present for respondent no. 2, the original complainant, though served. The petitioners have invoked Section 482 of Criminal Procedure Code to seek quashing of Criminal Case No. 33399 of 2006 on the basis that the alleged offence under Section 138 of the Negotiable Instruments Act,1881 was not even alleged to have been committed at least by petitioner nos. 2, 3 and 4, who were joined as accused persons, only on the basis that they were relatives of accused no. 1. Perusal of the complaint as well as the statement on oath, recorded below the complaint on 01. 09. 2006, clearly revealed that there was no allegation of any offence against original accused nos. 2,3 and 4. It was fairly conceded by learned counsel, Mr. Saiyed, that in view of the allegation of the offence being only against the original accused no. 1, who is the petitioner no. 1 herein, the present petition is not pressed as far as he is concerned.

(2.) IN the above facts, the petition is partly allowed and Criminal Case NO. 33399 of 2006 pending in the Court of learned Chief Judicial Magistrate, Surat, is quashed as far as petitioner nos. 2,3 and 4 are concerned. The trial court shall proceed in accordance with law as far as petitioner no. 1 is concerned.

(3.) RULE is made absolute accordingly with costs, quantified at Rs. 3,000/-, which shall be paid by respondent no. 2 to petitioner nos. 2,3 and 4, in equal proportion within a period of one month.