R.D. Kothari, J.

Common oral judgment in Misc. Criminal Application No. 14179 of 2009 and Misc. Criminal Application No. 14180 of 2009:

1. The petitioner herein prays to quash the complaint i.e. Case Nos. 1279 of 2009 and 3715 of 2008 pending before Metropolitan Magistrate, Ahmedabad. Complaints are for the offence under Sec. 138 of the Negotiable Instruments Act. The facts are unusual, sad and startling. One Shashikumar Purushottam Mohta is the complainant. It is say of the complainant that present petitioner, who is mother of the complainant, has issued cheque of Rs. 2 crores in favour of the present complainant. Giving intimation by the bank to the complainant that account holder i.e. present petitioner has given instruction of - "stop payment". Complainant had issued notice to the petitioner and has filed a criminal case against his own mother.

2. Heard the learned Advocate for the parties.

3. Learned Senior Advocate Mr. Sanjanwala has submitted that case of the complainant on the face of it is unacceptable. In his opinion, say of the complainant is absurd. Main submission are two-folds; firstly, that cheque is not issued by the petitioner in discharging of any liability or