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CR.MA/8566/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8566 of 2010
=========================================================
GOPAL
BALARAM JOSHI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
KK PANDEY for
Applicant(s) : 1,
MR KARTIK PANDYA, APP for Respondent(s) : 1,
MR
HARMISH K SHAH for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 28/09/2010
ORAL
ORDER
Heard
learned advocates for the parties. On 2.8.2010, while issuing notice,
following observations were made :
1.
This application has filed seeking quashing of complaint under
Section 138 of N.I.Act.
2. Counsel
for the petitioner stated that no notice prior to filing of the said
complaint was received by the petitioner. He further stated that
cheque is not issued on behalf of the Company or partnership firm
and that the petitioner is not signatory to the said cheque.
3. Considering
the statements made, issue Notice
returnable on 30th
August, 2010. Ad-interim relief in terms of para-7(B) qua the
present petitioner alone.
From the above,
it can be seen that case of the petitioner is that cheque in question
for which impugned complaint Annexure-A being Criminal Case
No.11429/2009 dated 29.8.2009 under Section 138 of the Negotiable
Instruments Act has been filed was issued neither by company or
partnership or any association and petitioner was not signatory to
the cheque. These aspects are not disputed by the complainant. Under
the circumstances, I do not see how case of dishonor of cheque can
proceed against the petitioner.
Insofar as
present petitioner is concerned, impugned complaint being Criminal
Case No.11429/2009 dated 29.8.2009 therefore, stands quashed.
Petition is
disposed of.
(Akil
Kureshi,J.)
(raghu)
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