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J.B.PARDIWALA
Gulf Asphalt Private Limited Known As Aspam Petronergy Pvt. Ltd. – Appellant
Versus
Dipesh Sinh Kishanchandra Rao – Respondent


Advocates:
Counsel for the Parties:
For the Applicant:Mr AR Gupta, Advocate
For the Respondent No.1:Ms Hetvi H Sancheti, Advocate

JUDGMENT

J.B.Pardiwala, J.—By this application under Article 227 of the Constitution of India, the applicant - original complainant calls in question the legality and validity of the order dated 16.10.2014 passed by the learned Additional Sessions Judge, Court No.3, City Civil and Sessions Court, Ahmedabad in the Criminal Revision Application No.191 of 2014, by which the learned Sessions Judge allowed the revision application filed by the respondent No.1 herein - original accused quashing and setting aside the order dated 03.04.2014 passed by the learned Additional Chief Metropolitan Magistrate, Court No.28, Ahmedabad in the Criminal Case No.2592 of 2010 permitting the complainant to be substituted.

2. The facts giving rise to this application are as under: 2.1 A sole proprietorship firm viz. “Aspam Petronergy Private Limited” through its proprietor filed a private complaint against the respondent No.1 - the accused under Section 138 of the Negotiable Instruments Act, 1881 (for short, “the Act”), which came to be registered as the Criminal Case No.2592 of 2010.

3. On filing of the complaint, the learned Magistrate took cognizance upon the same and ordered issue of process against



































































































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