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2002 Supreme(Guj) 333

D.P.BUCH
PUNJAB TYRE HOUSE – Appellant
Versus
STATE – Respondent


Advocates Appeared: B.R.GUPTA, P.C.KAVINA, V.M.PANCHOLI

D. P. BUCH, J.

( 1 ) THIS is an application filed under section 482 of the Code of Criminal Procedure, 1973 for quashing criminal case No. 96/2002 filed by respondent no. 2, herein, against the petitioners for offences punishable under section 138 of the Negotiable Instrument Act, 1881 as well as for the offences punishable under section 420, and 406 of IPC before the learned Metropolitan Magistrate, Court No. 15, Ahmedabad City. The facts of the case of the said criminal case No. 96/2002 may be briefly stated as follows:

( 2 ) THAT, petitioner No. 1 is a registered partnership firm and petitioners no. 2 and 3 are the partners thereof. It is alleged in the complaint before the trial court that petitioners no. 2 and 3 herein together and with the help of each other are running business in the name and style of petitioner no. 1. It is also alleged in the complaint that petitioners no. 2 and 3 are carrying on business of sale of tyres and allied products from their business premises as mentioned in the complaint. It is further alleged in the complaint that petitioners no. 2 and 3 approached the Ahmedabad branch office of respondent no. 2 sometime in July, 1999 and presented themselves a




















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