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VAIBHAVI D.NANAVATI
Khokhar Iliyas Bismillakhan – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Counsel for the Parties:
For the Applicant No.1:Dr. Venugopal Patel (7411), Advocate
For the Respondent No.2:Mr. Digant M Popat (5385), Advocate
For the Respondent No.1: Ms. Nisha Thakore, APP

ORDER (ORAL)

Vaibhavi D. Nanavati, J.—The present application is filed by the applicant under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to in short as ‘the Code’), seeking the following reliefs:-

“7b This Hon’ble Court may be pleased to quash and set aside the impugned judgment and order dated 31.12.2019 passed by the learned 4th Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Mehsana passed in Criminal Case No.1813 of 2019, under Section 138 of the Negotiable Instruments Act, 1881;

c. Pending admission and hearing of the present application, this Hon’ble Court may be pleased to stay the operation, execution and further proceedings of the impugned judgment and order dated 31.12.2019 passed by the learned 4th Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Mehsana passed in Criminal Case No.1813 of 2019, under Section 138 of the Negotiable Instruments Act, 1881.”

2. The brief facts of the case as stated in the application are reproduced hereinbelow:-

2.1. The applicant issued a cheque dated 29.11.2018 bearing no.088494 amounting to Rs.9,00,000/- drawn on Axis Bank, Naranpura Branch in favour of the

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