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M.R.SHAH
UMIYA PIPE PRIVATE LIMITED A COMPANY INCORPORATED UNDER – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates appeared:
MR RS SANJANWALA for Applicant(s) : 1 - 3.
MS FALGUNI PATEL, APP for Respondent(s): 1,
MR RC JANI for Respondent(s): 2,

JUDGMENT

1. RULE. Ms. Falguni Patel, learned Additional Public Prosecutor, waives service of rule on behalf of respondent no. 1-State and Shri R.C. Jani, learned advocate waives service of rule on behalf of respondent no. 2.

2. With the consent of the learned advocates appearing on behalf of the respective parties, the application is taken up for final hearing today.

3. The short but an interesting question of law posed for consideration of this Court is which date would be the relevant date for starting the limitation for filing the complaint under Section 138 of the Negotiable Instruments Act, 1881.

4. By way of this application under Section 482 of the Code of Criminal Procedure, the applicants-original accused have prayed for an appropriate order to quash and set aside Criminal Case No. 749/2007 pending in the Court of learned Metropolitan Magistrate, Court No. 5, Ahmedabad filed by respondent no. 2-original complainant for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 as well as the order dated 09/02/2007 passed by the learned trial Court in the aforesaid Criminal Case issuing summons upon the applicants for the offence punishable under Section






























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