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2017 Supreme(Guj) 467

J.B.PARDIWALA
Ruturaj Ayurvedic Gruh Udhyog – Appellant
Versus
Navnitlal & Company Through Devang Manojbhai Gandhi – Respondent


Advocates Appeared:
For the Applicants : Mr. B.M. Mangukiya, Ms. Bela A. Prajapati
For the Respondents: Mr. Hardik P. Mehta, Ms. Shruti Pathak

JUDGMENT :

Since the issues involved in all the captioned applications are the same and the question of law raised is also common, those were heard analogously and are being disposed of by this common judgment and order.

2. It appears from the materials on record that three criminal cases have been registered against the applicants herein for the dishonour of the cheques, punishable under Section 138 of the Negotiable Instruments Act (for short, ‘the NI Act’). The three cases are going on before the learned Additional Chief Metropolitan Magistrate and Special Negotiable Court No.30, Ahmedabad, and are at the final stage.

3. It also appears that the accused persons failed to remain present before the trial Court and their right of cross-examination of the complainant was also closed.

4. The principal argument of Mr. Mangukiya, the learned counsel appearing for the applicants, is that the complaints under Section 138 of the NI Act should be quashed because they are not maintainable in law. According to the learned counsel, the complaints have been filed by an unregistered partnership firm through one of its partners.

5. It is submitted that an unregistered partnership firm cannot file a
































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