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2012 Supreme(Guj) 174

Z.K.Saiyed
Bodhanwala Multi Shop – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Appearance :
Mr. Pravin Panchal, for the Applicant No. 1.
Mr. H.L. Jani, Ld. Additional Public Prosecutor, for the Respondent No. 1.
Ms. Kruti M. Shah, for the Respondent No. 2.

Judgment

Z.K. Saiyed, J.—By way of present revision application, filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, the applicant has prayed to quash and set aside the order dated 29th January, 2007 passed by the learned 10th Additional Senior Civil Judge, Gandhinagar below Exhibit 25 in Criminal Case No. 6374 of 2004.

2. Short facts of the case is that the Respondent No. 2 herein-original complainant is doing business of money lending. On 01st January, 2004 the Respondent No. 2 lent Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand Only) to the present applicant by way of advance. On 02nd September, 2004 the present applicant had issued a cheque beraing No. 180429 of Rs. 1,50,000/- drawn on Union Bank of India, Nanpura Branch, Surat from Account No. 12077. When the said cheque was deposited by the Respondent No. 2 with his banker, i.e. Gandhinagar Nagrik Cooperative Bank Limited, Gandhinagar, on 03rd September, 2004, the same was dishonoured with endorsement “insufficient balance in account”. Therefore, the Respondent No. 2 issued a statutory notice to the applicant on 20th September, 2004 and the same was replied by the applicant on 09th October, 20








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