1. Heard Ms. Dilbur Contractor, learned advocate for the applicant, Mr. Himanshu Patel, learned Additional Public Prosecutor for the first respondent and Ms. Archana Acharya, learned advocate for the second respondent.
2. Having regard to the fact that the applicant herein is not the drawer of the cheque as well as the fact that the provisions of section 141 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "the N. I. Act") have neither been invoked nor are they even otherwise applicable, the complaint under section 138 of the Negotiable Instruments Act, prima facie, does not appear to be maintainable qua the applicant. The Court is, Page 1 of 2 R/CR.MA/12976/2012 ORDER therefore, of the view that the matter requires consideration. Hence, Issue Rule returnable on 26th November, 2013. By way of ad-interim relief, further proceedings of Criminal Case No.19538 of 2011 pending in the Court of the learned Eleventh Additional Chief Judicial Magistrate, Surat, are hereby stayed qua the present applicant.
Mr. Himanshu Patel, learned Additional Public Prosecutor waives service of notice of rule on behalf of the first respondent and Ms. Archana Acharya, learned advocate waives service of notice of rule on behalf of the second respondent.
(HARSHA DEVANI, J.) parmar* Page 2 of 2