1. This application under Section 482 of the Code of Criminal Procedure, 1973 is filed for quashing Criminal Case No. 2638 of 1997 filed under Section 138 and 141 of the Negotiable Instruments Act pending before the learned Metropolitan Magistrate Court No.9, Ahmedabad on the ground that issuance of process by the learned Magistrate is illegal and contrary to the requirement of Sections 138 and 141 of the Negotiable Instruments Act and further out of initial issuance of cheque for amount of Rs.2 crores, the Company-complainant has already released a sum of Rs.94,60,015.63ps upto 20.2.1997 and thereafter the applicants herein had worked out a denovo arrangement on the basis of 5 different cheques given as per communication dated 26.11.1996 and 5 different cheques for the amount of Rs.20 lakhs, Rs.30 lakhs, Rs.50 lakhs, Rs.50 lakhs and Rs. 50 lakhs total of Rs. 2 crores were given. It is also the case of the applicants that against the outstanding dues shares were pledged out of which amount due was realized by the respondent.
2. In view of the above when the complaint is already lodged the second attempt made by respondent-Company is not permissible.
3. All the above submissions made by learned advocate for the applicants in the backdrop of the fact stated and recorded as above are in realm of defence and this Court will not embark upon inquiry which is in arena of defence that is to be raised and to be considered at proper stage and admittedly the amount of respondent-Company which was due in the year 1994 has remained outstanding and under one or other pretext the applicants by abusing process of law has avoided to discharge the legal liabilities.
4. No case is made out to exercise powers under Section 482 of the Code. Hence, this application is rejected.
[ANANT S. DAVE, J.] //smita// Top