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2017 Supreme(Guj) 37

J.B.PARDIWALA
Krishna Trading Company, Proprietorship Firm – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellants : Samir J. Dave
For the Respondents: Shruti Pathak

JUDGMENT :

J.B. Pardiwala, J.

1. Since a common question of law has been raised, the parties are also same and the issue being interrelated, both the captioned applications were heard together and are being disposed of by this common judgment and order.

2. Rule returnable forthwith. Ms. Pathak, the learned Additional Public Prosecutor waives service of notice of rule for and on behalf of the respondent No. 1 - State of Gujarat and Mr. Chetan Pandya, the learned counsel waives service of notice of rule for and on behalf of the respondent No. 2 - original complainant.

3. By these two applications under Section 482 of the Code of Criminal Procedure, 1973, the applicants seek to invoke the inherent powers of this Court, praying for quashing of the proceedings of the Criminal Cases Nos. 313 of 2015 and 314 of 2015 respectively pending in the Court of the learned Additional Chief Metropolitan Magistrate, Negotiable Instruments Act, Court No. 30, Ahmedabad.

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

4.1 The applicant No. 1 is a proprietary concern of which the applicant No. 2 is the proprietor.

4.2 It is the case of the respondent No. 2 - original complainant that the applicant No. 2








































































































































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