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J.B.PARDIWALA
Ritvi Virat Shah – Appellant
Versus
State of Gujarat – Respondent


Counsel for the Parties:
For the Applicant:Mr. Samir Afzal Khan, Advocate
For the Respondent No.1: Ms. Nisha Thakore, APP
For the Respondent No.2:Mr. Lalit M. Patel and Mr. Dharmesh V. Shah Advocates

ORDER (ORAL)

J.B. Pardiwala, J.—By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant seeks to invoke the inherent powers of this Court, praying for quashing of the proceedings of the Criminal Case No.1746 of 2014 pending in the Court of the learned Metropolitan Magistrate, Negotiable Instruments Court No.36, Ahmedabad.

2. It appears from the materials on record that the husband of the applicant herein, viz. Viratkumar Babulal Shah, availed of the loan facility from the respondent no.2, a finance company. Indisputably, the loan agreement has been signed jointly, i.e. by the husband as well as the applicant herself. In discharge of the loan liability, the husband issued a cheque drawn in favour of the respondent no.2 dated 5th February 2013 for the amount of Rs.88,673=00. The said cheque came to be dishonoured due to funds insufficient in the account maintained by the husband of the applicant herein. In such circumstances, the respondent no.2 lodged a complaint in the Court of the learned Metropolitan Magistrate which was numbered as Criminal Case No.1746 of 2014. The short point for my consideration is, whether the applicant herein could be held
































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