DHARMESH MANIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY this application under section 482 of the Code of Criminal Procedure, 1973 (the Code), the applicant prays to quash and set aside the complaint being Criminal Case No.7278 of 1998 pending before the Court of the learned Judicial Magistrate First Class, Gandhinagar.

(2.) THE facts stated briefly are that the respondent No.2 herein had lodged the aforesaid criminal complaint against the applicant herein under section 138 of the Negotiable Instruments Act (the Act) on 15th September, 1998. Cognizance was taken pursuant to the said complaint and the trial in respect of the said complaint has commenced.

(3.) DURING the course of trial, certain evidence has come on record during the course of examination -in -chief and cross examination of the complainant. Relying upon the said evidence as well as on other grounds, the applicant has filed the present application for quashing the complaint in question.