GARNET SPECIALITY PAPER LTD. Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In the present application the applicants have prayed for quashing and set aside Criminal Complaint No 2750 of 2016 filed before Judicial Magistrate First Class at Vapi under Section 482 of the Code of Criminal Procedure, 1974 (for short "Cr.P.C.").

(2.) The brief facts of the case are as under:-

(3.) Learned Advocate Mr.D.K.Puj, appearing for the applicants, has submitted that respondent No.2 has filed absolutely false, frivolous and vexatious Criminal Complaint against the applicants. There is no truth or substance in the said complaint. It is further submitted by him that applicants No.1 and 2 were duly absolved from their liabilities no sooner, the settlement was arrived at and earlier complaints filed against them were withdrawn. The accused No.3? Sheetalbhai Shashikant Mehta has undertaken the said liability and the cheque was also issued by him from his personal account. Though, the said cheque was returned uncleared. The liability to pay the debt was fastened upon him only and the applicant No.3 namely Meeraben Sheetalbhai Mehta is absolutely unconcerned with the controversy as she was neither a party to the original complaint nor she was in any way connected with the accused No.1?Company. She has also not signed the MOU and no liability was undertaken by her. Simply because her husband namely Sheetalbhai Shashikant Mehta has given the cheque from the joint account, she would not be made liable for discharging any liability either of the Company or of her husband.