Gujarat High Court Case Information System
Print
CR.MA/852620/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8526 of 2009
=========================================================
ARJANBHAI
HIRABHAI BHARWAD - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
MAHENDRA K PATEL for
Applicant(s) : 1,
MR MR MENGDEY, LD.ADDL.PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 23/07/2009
ORAL
ORDER
Heard
Mr.Mahendra Patel, learned advocate for the applicant.
Attention
is invited to the cheque in question of which dishonour is alleged
in the complaint lodged against the applicant under Section 138 of
the Negotiable Instruments Act,
to point out that the cheque has been issued in respect of Account
No.19826, however, the concerned Bank has obtained the thumb
impression of the applicant on a cheque issued in respect of some
other account by striking down the original account number and
writing the account number of the applicant instead. It is interalia
submitted that the applicant has never obtained any cheque-book in
connection with the account opened by him with the said Bank.
Having
regard to the submissions advanced by the learned advocate for the
applicant, issue notice, returnable on 06th
August 2009.
Mr.M.R.
Mengdey, learned Additional Public Prosecutor, waives service of
notice on behalf of the respondent No.1-State of Gujarat.
Direct
service is permitted qua the respondent No.2.
(Harsha
Devani, J)
Aakar
Top