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1993 Supreme(Guj) 473

B.C.PATEL
DIPENDRA G. CHOKSI – Appellant
Versus
KAILASHCHANDRA C. DHOOT – Respondent


Advocates Appeared: S.I.NANAVATI, S.T.MEHTA

PATEL, J.

( 1 ) PETITIONERS-ORIGINAL accused have preferred this application under sec. 482 of the Criminal Procedure Code for quashing the process issued by metropolitan Magistrate, 9th Court, in Criminal Cases Nos. 2027 of 1990, 1954 of 1990, 1955 of 1990 and 2028 of 1990.

( 2 ) ON different dates goods were obtained for which payments were made by cheques and as the cheques were dishonoured the complaints referred to hereinabove came to be filed against the petitioners-original accused for an offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881. So far as parties to the present proceedings are concerned, they are the same parites in all the petitions and the question involved is also the common question, and hence all the petitions are disposed of by this common judgment.

( 3 ) FEW relevant facts are as under : opponent No. 1 is the Manager of Shree Trading Corporation which deals in the business of caustic soda at Ahmedabad. Petitioner No. 1 is the Managing director while petitioner No. 2 is the Director of M/s. Sanchem Enterprise, a registered company under the Companies Act.

( 4 ) SO far as Miscellaneous Criminal Application No. 87 of 1991 is concerned, fu








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