Ansan @ Ansankhan Rashidkhan ... vs Amrutbhai Balubhai Chauhan

1. By way of present application under section 482 of Code of Criminal Procedure, the applicant has made following prayer in terms of para - 20(b) :-

"20(b) Be pleased to pass an appropriate order invoking the provision of section 482 of Code of Criminal Procedure by quashing and setting aside an private complaint CC No.42603/2018 registered in Addl.Sr.Civil Judge Court (Hon'ble Shah Saheb Court Surat), in the interest of justice."

2. It appears that respondent no.2 complainant initiated proceedings under section 138 of the N.I.Act on account of dishonor of cheque dated 21.05.2018 for Rs.21,50,000/- on account of insufficiency of funds. In nutshell, it is the case of the applicant - accused that the complainant lend Rs.5 lakhs in denomination of 500 and 1000 notes and as the respondent demanded security, two blank cheques were offered for security. It is the case of the applicant - accused that on 08.11.2016, the applicant returned money on account of demonetization on the said date. The two cheques which were offered towards security were misused by respondent no.2 by Page 1 of 2 Downloaded on : Thu Jan 09 21:53:37 IST 2020 R/CR.MA/114/2020 ORDER filing two different complaints. It is the case of the applicant - accused that private complaint being Criminal Case No.9550 of 2017 was withdrawn and now 2nd complaint which is subject matter of present application is filed. In nutshell, it is the case of the applicant accused that the transaction is illegal and further two blank cheques offered / given as security came to be misused and therefore, present application may be accepted and allowed.

3. Having heard submissions made at bar and considering the facts asserted in the application itself, it appears that it is the case of the applicant accused that there was illegal transaction of loan / advance amount given to the applicant and further two blank cheques which were offered as security came to be misused.

4. In the Court's considered opinion, the averments as made in the present application is nothing but defence of the applicant accused which can very well be examined by the learned Trial Court during the course of trial and same cannot be examined in the present proceedings initiated under section 482 of the Code of Criminal Procedure and therefore, present application being devoid of merits both on facts and law is hereby rejected.

5. However, it is clarified that the applicant is at liberty to raise all contentions / defence before the competent Court during trial, as this Court has not examined merits of the defence at this stage.

(S.H.VORA, J) SATISH Page 2 of 2 Downloaded on : Thu Jan 09 21:53:37 IST 2020