Mr.
P.M. Lakhani, learned advocate for the applicant, has drawn the attention of the court to the complaint under section 138 of the Negotiable Instruments Act to submit that the same has been instituted against the present applicant. It is pointed out that the cheque which is alleged to have been dishonoured has been issued by his son-Alkesh Bhatia; notice under section 138 of the Negotiable Instruments Act has been issued to Alkesh Bhatia, whereas the complaint in question has been lodged against the present applicant. It is submitted that thus, on the basis of the above facts it is evident that no offence as alleged can be stated to have been made out qua the present applicant.
The learned advocate for the respondents is not in a position to dispute the aforesaid position.
Having regard to the submissions advanced by the learned advocate for the applicant, the court is of the view that the matter requires consideration. Hence, issue rule, returnable on 18th November, 2013. Mr. Vijay Patel, learned advocate for the respondents, waives service of notice of rule on behalf of the respondent.
The interim relief granted earlier shall continue till the final disposal of the application.
(HARSHA DEVANI, J.) Vahid Page 2 of 2