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2001 Supreme(Guj) 699

J.R.VORA
STEEL BUILD – Appellant
Versus
K. MUKUND – Respondent


Advocates Appeared: B.Y.MANKAD, F.B.BRAHMBHATT, K.A.PUJ

J. R. VORA, J.

( 1 ) THIS Revision Application is filed by the original accused of Criminal Case No. 1180/99 filed by the present respondent No. 1 herein in the Court of learned Metropolitan Magistrate, Court No. 10, Ahmedabad, being aggrieved and dissatisfied by the order of learned Metropolitan Magistrate, passed on 19th July, 2000 below Exh. 2 rejecting Application - Exh. 2 filed by the present petitioners for discharging them for the charges punishable under the Negotiable Instruments Act, 1938.

( 2 ) THE brief facts of the case are as under : the above said complaint came to be filed by present respondent No. 1 under Section 138 of the Negotiable Instruments Act against all the present four petitioners for the return of two cheques worth of Rs. l,25,000/ -. On filing complaint, the learned Metropolitan Magistrate issued process against the present petitioners. The petitioners appeared before the learned Metropolitan Magistrate. In response to the process issued, the petitioners filed discharge application on 31st December, 1999, on the ground that the complaint was not maintainable under Section 138 of the Negotiable Instruments Act. The Notice issued was not in accordance with
















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