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2016 Supreme(Guj) 2129

A.Y.KOGJE
SHAH VRAJLAL POPATLAL – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For the Applicant : MR. ANKIT SHAH.
For the Respondents: MR. MAHESH K. POOJARA & MS. HANSA PUNANI.

JUDGMENT :

A.Y. KOGJE, J.

1. This petition under Article 226 of the Constitution of India and Section 482 of the Criminal Procedure Code is filed praying inter-alia for quashing and setting aside the order dated 26.06.2006 passed by the Metropolitan Magistrate, Court No. 9, Ahmedabad in Criminal Case No. 822 of 2006, by which the Magistrate was pleased to issue process against the petitioners for offences under Sections 500 and 114 of the Indian Penal Code.

2. The brief facts are as under:-

2.1 The petitioners had filed a private complaint before the Court of Chief Judicial Magistrate, Mahesana alleging that the petitioners are engaged in the business of selling of agricultural produces in the Marketing Yard and on 22.07.2007, had sold goods to a firm which was administered by one Dayabhai Patel and his colleagues. There was purchase of other commodities also and the said transaction was as per the settled practice of the business. However, in the said transaction, the petitioners were duped and though goods were sold, they did not receive any payment and therefore, the complaint of cheating was filed.

2.2 In the said complaint of cheating, the petitioners had referred to one Shri Balde























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