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2017 Supreme(Guj) 314

J.B.PARDIWALA
Murjibhai Vishram Varsani – Appellant
Versus
Adam Alimamad Kumbhar – Respondent


Advocates Appeared:
For the Appellant :A.R. Gupta and Aditya A. Gupta, Advocates
For the Respondent:Darshan M. Varandani, Advocate

ORDER :

J.B. Pardiwala, J.

1. Rule returnable forthwith. Ms. Pathak, the learned APP waives service of notice of rule for and on behalf of the respondent - State of Gujarat. Mr. Darshan Varandani, the learned Counsel waives service of notice of rule for and on behalf of the respondent - original complainant. By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant - original accused seeks to invoke the inherent powers of this Court, praying for quashing of the proceedings of the Criminal Case No. 1834 of 2014 pending before the learned Chief Judicial Magistrate at Bhuj, for the offence punishable under Section 138 of the Negotiable Instruments Act.

2. The applicant herein is one of the partners of a partnership firm running in the name of Varsani Construction Company. One another partner of the firm and an authorized signatory, namely, Rajeshbhai Varsani, issued a cheque of the amount of Rs. 1 lac dated 20th August, 2014 in favour of the complainant drawn on the HDFC Bank. The said cheque came to be dishonoured. In such circumstances, the complaint came to be lodged in the Court of the learned Chief Judicial Magistrate, Bhuj - Kachchh, registered as















































































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