The applicants/original accused have challenged the issuance of process under Section 138 of the Negotiable Instrument Act in Criminal Case No.2093 of 2010 pending before learned Metropolitan Magistrate, N.I.A. Court No.IV, Ahmedabad on the ground that the cheques in question drawn from account, for which, the bank has endorsed as dishonored do not belong to them and further cheques were returned on the ground of insufficiency of funds and signature of drawer differed.
In the above circumstances, learned advocate for the applicants submits that when the applicants have not put any signatures and not issued cheques no such complaint should have been filed.
The above submissions are in realm of defence which cannot be gone into at this stage by this Court in exercise of powers under Section 482 of the Code.
No case is made out, this application is rejected.
[ANANT S. DAVE, J.] //smita// Top