PATEL BHARATBHAI JAYANTIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of these petitions, the petitioner has prayed to quash and set aside the criminal complaint being numbered as Criminal Case Nos. 2236/2006 and 2237/2006 filed by respondent no. 2 against the petitioner u/s. 138 of the Negotiable Instruments Act, 1881.

(2.) THE facts in brief are that the petitioner herein had availed of a loan of Rs. 1,30,000/- from respondent no. 2 for investing the same in his business. However, even after the expiry of the period within which the petitioner had agreed to return the said amount to respondent no. 2, the same was not paid. Lastly, the petitioner issued two cheques, viz. one of Rs. 30,000/- dated 15. 09. 2006 and another of Rs. 1,00,000/- dated 03. 10. 2006, in favour of respondent no. 2. When the said two cheques were deposited in the Bank, they were dishonored.

(3.) HEARD learned counsel for the respective parties. It appears from the record that process was issued in both the cases without carrying out verification, as required under the law. Before issuing the process, the Court below ought to have carried out verification, which is a mandatory requirement. However, the same was not done and therefore, the process issued by the Court below is bad in the eyes of law.