AAKASH PANJWANI Vs. ASHOK CHANDWANI

JUDGEMENT

(1.) This application has been filed under section 482 CrPC seeking a direction for quashing Complaint Case No.475/2012 pending in the Court of Judicial Magistrate First Class, Jabalpur under section 138 of the Negotiable Instruments Act (hereinafter referred to as 'Act').

(2.) It is the case of the petitioner that a complaint was filed by the respondent under section 138 of the Act, and based on the complaint a bailable warrant Annexure A/1 was issued against the petitioner. It is stated that from the copy of the complaint and the documents annexed thereto, which is filed as Annexures A/2 and A/3 onwards, the petitioner has got nothing to do with the complaint and by contending that the petitioner is being falsely implicated in the complaint case, this application has been filed. It is stated that the petitioner did not have any transactions with the respondent and has not issued any cheque to him.

(3.) Aakash Panjwani Vs. Ashok Chandwani registered against the proprietor of this Firm and the warrant and notice are issued in the name of the petitioner. Normally the learned trial court would have gone through the documents and only on being satisfied that the petitioner is the proprietor of the said Firm, notice would have been issued in the name of the petitioner.