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2004 Supreme(Guj) 13

D.H.WAGHELA
ROHIT CHUNUBHAI MEHTA – Appellant
Versus
GUJARAT STATE FERTILIZER CO. LIMITED – Respondent


Advocates Appeared: ANAND G.BHATT, ATUL MEHTA, H.L.JANI, K.S.Nanavati, NITIN AMIN, PRABHAV A.MEHTA, PRAKASH M.THAKKAR, R.J.GOSWAMI, S.V.RAJU,

D. H. WAGHELA, J.

( 1 ) ALL these matters involving common questions present a study in how and how long a criminal proceeding can be stalled at the threshold, can be converted into a cluster of cumbersome cases and, in effect, into a punishment for the complainant.

( 2 ) SIMPLE basic and relevant facts of the complaints are that the complainant, Gujarat State Fertilizer Co. Ltd. (GSFC), appears to have supplied goods on credit to M/s. Garware Nylon Ltd. , accused No. 14, and received cheques towards payment or security. When two cheques dated 15. 11. 1994 of the total amount of Rs. 12,19,111/- and other cheques were returned unpaid on the ground of "insufficient funds" and payments were not made even after legal notice, elaborate complaints, including the complaint dated 13. 6. 1995, were filed in the Court of the learned Chief Judicial Magistrate, Vadodara and, after recording statement of the Marketing Manager, who had filed the complaints for himself and on behalf of the Company, summons returnable on 26. 7. 1995 were ordered to be issued to all the accused (Nos. 1 to 14) for the offences punishable under section 138 of the Negotiable Instruments Act, 1881 (ni Act for short) and













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