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2015 Supreme(Guj) 155

C.L.SONI
Modern Denim Limited – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff:Hardik A. Dave, Advocate
For Respondents/Defendant: Jirga Jhaveri, A.P.P.

Judgment

C.L. Soni, J.

1. By the present application filed under section 482 of the Code of Criminal Procedure, 1973, ("the Code") the applicants have prayed to quash the complaint filed by the respondent No. 2 for the offence under section 138 of the Negotiable Instruments Act ("the Act") which is registered as Criminal Case No. 654/2014.

2. Learned Advocate Mr. Hardik Dave appearing for the applicants submitted that in absence of valid notice of demand, the complaint under section 138 of the Act is not maintainable. Taking the Court through notice dated 18.1.2014, at annexure-B, Mr. Dave submitted that the demand for payment made in the notice is not for the cheque amount and, therefore, it is no demand notice in the eye of law. Mr. Dave submitted that no specific averments are made in the complaint as regards involvement of the applicants in day to day business of the company or to show that as Directors of the Company, the applicants are responsible for conduct of the business of the Company. Mr. Dave submitted that in absence of such averments in the complaint against the applicants, the complaint under section 138 of the Act against the applicants is not maintainable. Mr. Dave s












































































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