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2006 Supreme(Guj) 187

J.M.PANCHAL, R.VORA
SATISH CHAND SINGHAL – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: AJAY R.MEHTA, H.M.PRACHCHHAK, VIREN DAVE

J. M. PANCHAL, J.

( 1 ) BY filing abovenumbered three applications under Section 482 of the Code of criminal Procedure, 1973, the petitioner who is ordered to be impleaded as an accused under Section 319 of the Code of Criminal Procedure, for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the "act" for short) in Criminal Case No. 129/99, Criminal Case No. 127/99 and Criminal Case No. 128/99 instituted by the respondent No. 2 in the Court of learned Chief Judicial Magistrate, Surendranagar, against the respondents Nos. 3 and 4 has prayed to quash the abovenumbered three criminal cases lodged by the respondent No. 2.

( 2 ) THE facts emerging from all the abovenumbered three applications are common and, therefore, this Court proposes to refer to the facts of Criminal Misc. Application No. 6682/2005 for convenience, which are as under.

( 3 ) THE respondent No. 2, who is original complainant, is proprietor of Bharat Cotton company, which is dealing in cotton bales at Surendranagar. The respondent No. 3 i. e. Mr. Anil Gupta, is Director of the respondent No. 4 company whereas the respondent No. 4 i. e. R. P. Texfab Limited, is
















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