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2016 Supreme(Guj) 2062

S.G.SHAH
GAUTAM INDUSTRIAL CORPORATION PVT LTD THRO' NARESH ANNRAJ BHANSALI (DECEASED) – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For the Applicants : MR HARDIK A DAVE
For the Respondents: MR MANAN MEHTA

JUDGMENT :

S.G. SHAH, J.

1. This Revision Application is filed under section 397 read with section 401 of the Code of Criminal Procedure (for short the Code) to challenge the order dated 27th March 2015 of learned 3rd Additional Chief Judicial Magistrate, Surat, in Criminal Case No. 14408 of 2014 whereby relying upon the decision of the Supreme Court in the case of Dashrath Rupsingh Rathod Vs. State of Maharashtra 2014(9) SCC 129, learned Additional Chief Judicial Magistrate returned the complaint and original documents to the present applicant (original complainant) for being presented before the competent court.

2. The brief facts giving rise to the present application are that the private respondents gave 7 cheques totaling to Rs.14,45,879/- towards discharging the dues to the applicant Corporation. The details of the cheques which were drawn on Axis Bank, Bangalore Branch are as under:-.

Sr. No.

Cheque No.

Cheque amount

1

50113

Rs.2,00,000/-

2

50114

Rs.2,00,000/-

3

50115

Rs.2,00,000/-

4

50116

Rs.2,00,000/-

5

50117






















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