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2016 Supreme(Guj) 1194

ABDULLAH GULAMAHMED URAIZEE
Anilkumar Amarchand – Appellant
Versus
Ashish B. Zode – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ajaykumar Choksi
For the Respondents: Vaibhav A. Vyas

JUDGMENT :

Abdullah Gulamahmed Uraizee, J.

1. This group of five petitions are disposed of by the present common judgment as the issue involved therein, is common.

2. These petitions are filed under section 482 of the Code of Criminal Procedure, 1973 to quash and set aside the criminal complaints No. 1002/2009, 9993/2009, 9998/2009, 9996/2009, 7314/2009 lodged against the present appellant and others by respondent No. 1.

3. The respondent No. 1 filed the above referred complaints for the offences punishable under section 138 of the Negotiable Instruments Act ("N.I. Act"), 1881, for dishonour of the cheque in the Court of learned Metropolitan Magistrate, the N.I. Special Court No. 2, Ahmedabad. The learned Magistrate, after recording the verification of respondent No. 1 was pleased to issue process against the applicant and others for offence punishable under section 138 of N.I Act. The applicant has approached this court under section 482 of the Code, for quashment of the complaint on various grounds.

4. I have heard Mr. Aditya Choksi, learned advocate for Mr. Ajaykumar Choksi for the appellant, and Mr. K.L Pandya learned Additional Public Prosecutor for the State. The respondent no1, o






































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