SEJAL BRIJALBHAI SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a petition, seeking quashment of the complaint filed under Section 138 of the Negotiable Instruments Act, 1881 ('NI Act' for short) being Criminal Case No. 56740/2018, pending before the Court of the learned Addl. Chief Metropolitan Magistrate Court, Ahmedabad, by respondent No.2-original complainant.

(2.) The brief facts leading to the filing of the present petition are as follows:

(3.) Affidavit-In-Reply is filed by the original complainant-respondent No.2 denying all the averments, where, he has urged that both the present petitioner and her husband are the competent authorities in the Bindiya enterprise. The petitioner has hidden the fact that she too was doing the business with respondent No.2. It is, further, his say that the disputed cheque clearly indicates that the proprietor and the authorized signatory would have authority to issue the cheque. However, since, it is unclear as to what is the role of the present petitioner and whether the account held is a single or a joint account, these are the disputed questions of facts, which are not to be adjudicated by this Court, at this juncture.