( 1 ) ALL these Cri. Misc. Applications are filed under Section 482 of the Code of Criminal Procedure invoking the inherent jurisdiction of this Court and praying for quashing and setting aside the Summons issued by the learned Judicial Magistrate First Class, Gandevi in Criminal Cases Nos. 185 to 190 of 2000 under Section 138 of the Negotiable Instruments Act. Since common issues are involved and arguments are commonly advanced by the learned advocate appearing for the petitioners and the learned Public Prosecutor appearing for the respondent No. 2 " State in all these matters, the same are being disposed off by this common judgment.

( 2 ) CRI. Misc. Application No. 9138 of 2005 is filed by the petitioners " original Accused Nos. 4,5,9 and 10 in Criminal Case No. 185 of 2000 pending in the Court of Judicial Magistrate First Class, Gandevi. The said Criminal Case was filed by Shri Anant Girdharlal Shah under Section 138 of the Negotiable Instruments Act. Likewise, Cri. Misc. Application Nos. 9151 to 9155 of 2005 are filed by the same petitioners " original accused Nos. 4,5,9 and 10 in Criminal Case Nos. 186, 187, 189, 188 and 190 of 2000 respectively pending in the Court of Judicial Magistrate First Class, Gandevi. All these petitions are hereinafter referred to as Group 1 petitions.

( 3 ) CRI. Misc. Application Nos. 9216 of 2005 is filed by the petitioners " original Accused Nos. 2,3,7 and 8 in Criminal Case No. 185 of 2005 pending in the Court of Judicial Magistrate First Class, Gandevi. The said Criminal Case was filed by Shri Anant Girdharlal Shah against M/s. K. M. Developers and Others.

( 4 ) SIMILARLY, Cri. Misc. Application Nos. 9217, 9219, 9221, 9222 and 9224 of 2005 are filed by the same petitioners " original Accused Nos. 2,3,7 and 8 in Criminal Case Nos. 186, 187, 188, 189 and 190 of 2000 respectively pending in the Court of Judicial Magistrate First Class, Gandevi. All these petitions are hereinafter referred to as Group 2 petitions.

( 5 ) SIMILARLY, Cri. Misc. Application No. 9225 of 2005 is filed by the petitioners " original Accused Nos. 1 and 6 in Criminal Case No. 185 of 2000 pending in the Court of Judicial Magistrate First Class, Gandevi and all other petitions, namely, Cri. Misc. Application Nos. 9227, 9228, 9230, 9232 and 9233 of 2005 are filed by the same petitioners " original Accused Nos. 1 and 6 in Criminal Case Nos. 186, 187, 188, 189 and 190 of 2000 pending in the Court of Judicial Magistrate First Class, Gandevi. All these petitions are hereinafter referred to as Group 3 petitions.

( 6 ) LASTLY, Cri. Misc. Application No. 9283 of 2005 is filed by the petitioner " original Accused No. 11 in Criminal Case No. 185 of 2000 pending in the Court of Judicial Magistrate First Class, Gandevi and all other petitions, namely, Cri. Misc. Application Nos. 9285, 9286, 9288, 9289 and 9291 of 2005 are filed by the same petitioner " Accused No. 11 in Criminal Case Nos. 186 to 190 of 2000 respectively pending in the Court of Judicial Magistrate First Class, Gandevi. All these petitions are hereinafter referred to as Group 4 petitions.

( 7 ) SINCE all the petitioners of Group 1 to 4 petitions are accused in the Criminal Case Nos. 185 to 190 of 2000 filed by different complainants and facts are more or less similar, for the sake of convenience, the facts are taken from Cri. Misc. Application No. 9138 of 2005 of Group 1 petitions.

( 8 ) THE facts in nut shell are that the accused No. 1 in all the above Criminal Cases is an Association of persons and accused Nos. 4,5,6,9,10 and 11 are in their individual capacities and Hindu Undivided Family of Bansilal Ratilal Shah, Shailesh Bansilal Shah, Rajnikant Ratilal Shah and Harsh Rajnikant Shah in their representative capacity are its members. The said Association was formed on 09. 04. 1990 by Memorandum of Association. Under the said Memorandum of Association, a Managing Committee was appointed for carrying on day to day business of the Association of person of M/s. K. M. Dev

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