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D.P.BUCH
Punjab Tyre House – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner Nos. 1 to 3:Mr. B.R. Gupta, Advocate.
For the Respondent No. 1: Mr V.M. Pancholi, A.P.P.
For the Respondent No. 2:Mr. P.C. Kavina, Advocate.

Judgment

D.P. Buch, J.—This is an application filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing Criminal Case No. 96 of 2002 filed by respondent No.2, herein, against the petitioners for offences punishable under Section 138 of the Negotiable Instruments Act, 1881 as well as for the offences punishable under Sections 420 and 406 of I.P.C. before the learned Metropolitan Magistrate, Court No. 15, Ahmedabad City. The facts of the case of the said Criminal Case No. 96 of 2002 may be briefly stated as follows:

That, petitioner No.1 is a registered partnership firm and petitioner Nos. 2 and 3 are the partners thereof. It is alleged in the complaint before the Trial Court that petitioner Nos. 2 and 3 herein together and with the help of each other are running business in the name and style of petitioner No. 1. It is also alleged in the complaint that petitioner Nos. 2 and 3 are carrying on business of sale of tyres and allied products from their business premises mentioned in the complaint. It is further alleged in the complaint that petitioner Nos. 2 and 3 approached the Ahmedabad branch office of respondent No. 2 some time in July, 1999 and presented themselv


































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