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GITA GOPI
C. M. Smith and Sons. Ltd. Through Deinesh Mohanlal Panchal – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Counsel for the Parties:
For the Applicant Nos.1, 2, 3, 4, 5:Mr. Y.S. Lakhani, Sr. Advocate with Mr. Aditya J. Pandya(6991)
For the Respondent No.2: Mr. Nilesh Pandya with Mr. Haresh H. Patel(611)
For the Respondent No.1: Mr. Pranav Trivedi, Addl. Public Prosecutor

JUDGMENT (ORAL)

Gita Gopi, J.—By way of this application filed under Section 482 of the Code of Criminal Procedure read with Article 226 of the Constitution of India, the applicants have prayed to quash and set aside the order dated 18.11.2019 passed by the Court of learned 13th Additional Chief Judicial Magistrate, Rajkot below Exhibit-1 in Criminal Case No.16873 of 2019 whereby, the complaint filed by respondent No.2 herein, original complainant, under section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the NI Act”) was ordered to be registered and process under Section 204 of Cr.P.C. was ordered to be issued against the applicants herein and have also prayed to quash and set aside all the consequential proceedings initiated under Criminal Case No.16873 of 2019.

2. The facts in brief are as under;

The applicant No.1 herein is a Company registered under the Companies Act, 1956 and having its Registered Office at “Dashrathvadi, Court Road, Naidad”. It is engaged in the business of production of Grey Cast Iron and Nodular Iron (Ductile Iron) castings weighing from 5 Kgs to 150 Kgs and is also a supplier of fully finished parts to Original Equipment Ma

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