JUDGMENT :

B.N. KARIA, J

1. As common question of law and facts arise, these two petitions are heard and disposed of by this common judgment, with the consent of learned advocates for the respective parties.

2. These two Special Criminal Applications are filed under Section 482 of the Code of Criminal Procedure, 1973 [“CrPC” for brevity] for quashment.

(a) Criminal Case No. 822 of 2010 filed in the Court of learned Metropolitan Magistrate, Court No. 6, Ahmedabad; and

(b) Criminal Case No. 694 of 2010 filed in the Court of learned Metropolitan Magistrate, Court No. 6, Ahmedabad under the provisions of Negotiable Instruments Act, 1881 (In short “the Act”).

3. Brief facts of these Applications are that the petitioner in both the petitions is proprietor of Neha Industries. The complainant and petitioner are school friends. That, during the period of April/May 2009, the petitioner sought an amount of Rs. 3,50,000/- from the complainant for his business purpose and in connection with a request of the petitioner, the complainant gave Rs. 3,50,000/- to the petitioner. At that time, the petitioner gave assurance to the complainant that he will return back such amount within three months. After the said period was over, the complainant demanded his money back, and therefore, petitioner issued cheque no. 549105 dated 15.12.2009 drawn on Cosmos Co.Op. Bank Limited, Rakhiyal Branch, Ahmedabad for Rs. 15,000/- and cheque No. 549106 dated 20.01.2010 drawn on Cosmos Co.Op. Bank Limited, Rakhiyal Branch, Ahmedabad for Rs. 3,35,000/-. That thereafter, the petitioner presented the said cheque No. 549105 for Rs. 15,000/- on 15.12.2009, which was dishonoured on 18.12.2009. and cheque No. 549106 for Rs. 3,35,000/- on 20.01.2010 which was also dishonoured on 21.01.2010. Therefore, the complainant issued statutory notice under the provisions of Act, nevertheless petitioner did not pay due amount, and therefore, the impugned complaints have been filed by the complainant.

4. Heard learned advocate Ms. Neha Shah for Mr. Masoom K. Shah and Mr. Vishwas K. Shah, learned advocates appearing on behalf of the petitioners, learned advocate Mr. Shailesh V. Borisa appearing on behalf of the respondent no.1 and learned Additional Public Prosecutor Ms. Maithili Mehta appearing on behalf of the respondent no.2-State.

5. Ms. Nehta Shah for the petitioner submitted that the impugned complaint is a result of representation/complaint made by the petitioner to the Joint Commissioner of Police, Ahmadabad City on 16.12.2009. In the said complaint, the petitioner clearly informed that on 29.08.2009, the petitioner was called upon by the accused nos. 1 and 2 shown in the complaint. That the complainant was in a drunken state at Hotel Miracle. That, when the petitioner visited hotel, both accused-owners of the Hotel Miracle pressurized the petitioner to pay Rs. 5 lacs for business transaction of the petitioner and complainant. As it was refused by the petitioner, because of payment for business and account was completed, the petitioner was harassed, heavily beaten by giving kick and fist blow and revolver was put on his head and thereby frightened him. That, by applying force, his signature was taken by the complainant on three blank cheques. That, he was threatened that accused nos.3 and 4 are sons of high ranked police officers and they are very influential people along with Police who shall not register or look into his complaint. That, the petitioner tried to approach Kagadapith Police Station to register his complaint, but he was denied. Thereafter, he went to Vejalpur Police Station to get register his complaint and there also, he was denied by the Police, and hence, he approached Joint Commissioner of Police. That, cheques were signed by the petitioner under pressure exerted on him and all the three cheques were of the bank account which was closed, due to transfer of Bank branch. That, the impugned complaint is counter-blast to the letter written by the petitioner to