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2016 Supreme(Guj) 518

J.B.PARDIWALA
Brijendra Enterprise – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellants :Bipin I. Mehta and Vicky B. Mehta, Advocates
For the Respondents: Public Prosecutor

JUDGMENT :

J.B. Pardiwala, J.

1. By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicants-original accused persons seek to invoke the inherent powers of this Court, praying for quashing of the proceedings of the Criminal Case No. 8758 of 2009 filed in the Court of the learned Metropolitan Magistrate (Negotiable Instruments Act), Court No. 7, Ahmedabad. They have also prayed to quash the order dated 3rd April 2010 passed below application Exh.3, by which the learned Magistrate recorded a finding that it had the territorial jurisdiction to proceed with the case. The applicant no. 1 is a proprietory concern of which the applicant no. 2 is the proprietor.

2. The facts of this case may be summarised as under:

"The respondent no. 2, a company registered under the provisions of the Companies Act, 1956, filed a private complaint No. 8758 of 2009 in the Court of the learned Metropolitan Magistrate (Negotiable Instruments Act), Court No. 7, Ahmedabad, for dishonour of the cheque punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'the Act')."

3. It the case of the respondent no. 2 that it had business relations with the accused. Th


















































































































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