SATISHKUMAR JAYANTILAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule Satishkumar Jayantilal Shah original accused in Criminal Case No. 2361 of 1992 on the file of the learned Metropolitan Magistrate, Court No. 9, Ahmedabad has filed the present petition under S.482 of the Code of Criminal Procedure.

(2.) The petitioner has been prosecuted by the respondent No. 2 for the alleged offences punishable under S.138 of the Negotiable Instruments Act by alleging that the present petitioner had taken goods worth Rs. 1,43,248-40 from the respondent No. 2-Company Unipole Plastics Pvt. Ltd. in the period running between 10-1-1992 and 8-2-1992 and that towards the said dues 4 cheques bearing No. 384226. 384246, 384243 and 384249 dated 15-2-1992, 15-3-1992, 16-3-1992 and 25-3-1992 for the respective amount of Rs. 46,926-20, Rs. 1,234-90, Rs. 46,920-20 and Rs. 48,168- 10 were given and that the said cheques were presented to the respondent No. 2's banker and they were dishonoured by endorsement "refer to drawer" and the petitioner failed to pay the amount of those cheques though he was served with registered notice informing him about the dishonouring of his cheques.

(3.) The petitioner is seeking the quashing of the said criminal proceeding on 3 grounds : (i) That the cheques were presented second time after they were dishonoured on the first occasion and the prosecution is lodged after the second dishonour by taking recourse to provisions of S.138 of the Negotiable Instruments Act and the complainant had fail to take action against the petitioner when the cheques were dishonoured on the first occasion, and he is not entitled to lodge the prosecution on the dishonour of the cheques on second presentation. (ii) That in all there are 4 cheques, therefore, in view of the provisions of S.219 of the Code of Criminal Procedure, the Court can take cognizance and frame a charge only as regards 3 cheques and consequently prosecution for all the 4 cheques is not legal. (iii) That the complaint in question is not lodged by the complainant as per the provisions of S.142 of the Negotiable Instruments Act.