ANAND SANJAY SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petitions under Articles 226 and 227 of the Constitution of India r/w section 482 of the Code of Criminal Procedure, 1973, the petitioner - original accused No.3 has made prayed to quash and set aside Criminal Case Nos.17008 of 2011, 17009 of 2011 and 17010 of 2011 pending before the learned 16th Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Surat qua the petitioner.

(2.) Briefly stated, the petitioner seeks to challenge legality, validity and propriety of aforementioned criminal cases filed u/s 138 of the Negotiable Instruments Act, 1881 (for short "the NI Act"). The petitioner is an Executive Vice Chairman of original accused No.1 - M.T.Z. Polyfilms Private Limited Company and other accused are Executive Chairman, Managing Director, General Manager and Directors of the accused No.1 company.

(3.) As per the say of the complainant, the accused No.1 company and the complainant company were dealing in business since many years and accused No.1 company has been regularly purchasing the Grade Polyster Chips from the respondent No.2 - company. During such dealings, the accused No.1 company had issued three cheques drawn on HDFC Bank, Mumbai branch and as the said three cheques on deposit, returned dishonoured by the bank of the complainant with an endorsement "payment stopped by the drawer". Therefore, the complainant filed proceedings u/s 138 of the NI Act.