J.B. Pardiwala, J.

1. RULE returnable forthwith. Ms. Shruti Pathak, the learned APP waives service of notice of rule for and on behalf of the respondent No. 1 - State of Gujarat. Mr. Nirav Sanghavi, the learned counsel waives service of notice of rule for and on behalf of the respondent No. 2.

2. By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant herein - original accused seeks to invoke the inherent powers of this Court, praying for quashing of the proceedings of the Criminal Case No. 1198 of 2015 pending before the learned Metropolitan Magistrate, Court No. 32, Ahmedabad, arising from a complaint lodged under Section 138 of the Negotiable Instruments Act.

3. On 6th September 2016, the following order was passed :

"Petitioner is before this Court stating therein that the cheques which have been dishonoured were issued by his wife in her personal capacity. He has nothing to do with the entire transaction. Being the husband can be have a vicarious liability?

Issue notice returnable on 30.9.2016. Mr. Manan Mehta, learned Additional Public Prosecutor waives service of notice for and on behalf of respondent No. 1."

4. Indisputably, the applica