M.R.Shah
Dineshbhai Manilal Raval – Appellant
Versus
Manshukhbhai Maganbhai Patel – Respondent
M.R. Shah, J.—Leave to amend the prayer clauses.
2.Present petition under Section 227 of the Constitution of India has been preferred by the petitioner - original complainant to quash and set aside the impugned judgment and order dtd.2/12/20l0 passed by the learned Principal Sessions Judge, Ahmedabad in Criminal Revision Application No.170 of 2010 as well as the order passed by the learned Metropolitan Magistrate, Court No.18, Ahmedabad in Criminal Case No.223 of 2008 dtd.13/l/20l0, dismissing the complaint in exercise of powers under section 203 of the Code of Criminal Procedure.
3. Facts leading to the present petition, in nutshell are as under:-
4. The petitioner herein - original complainant filed complaint being Criminal Case No.223 of 2008 against the private respondents herein in the court of learned Metropolitan Magistrate, Court No.18, Ahmedabad for the offence under section 138 of the Negotiable Instruments Act as well as for the offences punishable under sections 406, 420, l20(B) of Indian Penal Code or dishonour of the cheque in question. That the learned Metropolitan Magistrate, Court No.18, Ahmedabad by order dtd.4/4/2009 dismissed the said application.
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