Gujarat High Court
Anjali Anilkumar Shah vs State Of Gujarat on 6 January, 2021
Bench: B.N. Karia
R/SCR.A/8986/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 8986 of 2020
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ANJALI ANILKUMAR SHAH
Versus
STATE OF GUJARAT
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Appearance:
AMBIKA A SHARMA(8856) for the Applicant(s) No. 1
MR ANKIT SHAH(6371) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR MANAN MEHTA, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE B.N. KARIA
Date : 06/01/2021
ORAL ORDER
By way of present application, applicant has prayed to quash
and set aside the complaint being Criminal case No. 17106 of 2019
registered with learned Metropolitan Magistrate, Ahmdabad for the
offence under Section 138 of the Negotiable Instruments Act as
well as process/summons issued therein against the applicant and
further prayed to stay the further proceedings of the complaint
being Criminal Case No. 17106 of 2019 till final disposal of this
application.
Heard learned advocate for the applicant.
It was submitted by learned advocate for the applicant that
after the death of the father of the applicant, respondent no.2-
original complainant, as and by way of an afterthought and in
R/SCR.A/8986/2020 ORDER
order to harass the present applicant, presented a cheque bearing
No. 000087 dated 25.09.2019 drawn on Bank of Baroda,
Panchkuva Branch, Ahmedabad which might be lying with the
complainant. That, the disputed cheque is not at all signed by the
present applicant, but the same might have been signed by the
deceased father of the applicant. Under such circumstances, only
because the applicant is the joint holder of the said account, it
cannot be said that there is any legally enforceable debt against the
present applicant under the provisions of the Negotiable
Instruments Act. In support of his arguments, learned advocate for
the applicant has placed reliance on the judgment of Hon'ble Apex
Court passed in case of "Mrs Aparna A. Shah v. M/s. Sheth
Developers Private Limited and Anr." in Criminal Appeal No. 813
of 2013 wherein it is held that in case of issuance of cheque from
joint accounts, a joint account holder cannot be prosecuted unless
the cheque has been signed by each and every person who is a joint
account holder. That, applicant is ready and willing to settle the
issue pending with the respondent no.2.
Issue requires consideration.
Rule returnable on 17th February 2021. Learned APP waives
service of notice of rule for and on behalf of the respondent-State.
The proceedings of Criminal Case No. 17106 of 2019
R/SCR.A/8986/2020 ORDER
pending before the court of learned Metropolitan Magistrate,
Ahmedabad shall be stayed till the next date of hearing.
Registry is directed to send a copy of this order to the court of
learned Metropolitan Magistrate, Ahmedabad by Fax or Email
forthwith.
(B.N. KARIA, J)
K. S. DARJI
