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2017 Supreme(Guj) 797

J.B.PARDIWALA
Joginder Singh Juneja – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellants : I.H. Syed, Aftabhusen Ansari
For the Respondents: Shruti Pathak

JUDGMENT :

J.B. Pardiwala, J.

1. Since the issues raised in both the captioned applications are the same and the parties are also the same, those were heard analogously and are being disposed of by this common judgment and order.

2. For the same of convenience, the Criminal Miscellaneous Application No. 30195 of 2016 is treated as the lead matter.

3. By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicants - original accused Nos. 4 and 5 seek to invoke the inherent powers of this Court, praying for quashing of the proceedings of the Criminal Case No. 316 of 2016 pending in the Court of the learned Additional Chief Metropolitan Magistrate, Court No. 36 at Ahmedabad arising from a complaint filed under Section 138 of the Negotiable Instruments Act.

4. The connected application is in connection with the Criminal Case No. 315 of 2016 pending before the very same Court i.e. the Additional Chief Metropolitan Magistrate, Court No. 36 at Ahmedabad arising from a complaint lodged under Section 138 of the Negotiable Instruments Act.

5. The applicants before me have been arraigned as accused in their capacity as the Directors of the accused No. 1 - company namel



























































































































































































































































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