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2017 Supreme(Guj) 706

J.B.PARDIWALA
Triton Ratial Private Limited – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellants :R.S. Sanjanwala, Senior Advocate assisted by Sahil M. Shah, Advocate.
For the Respondents: Nisha Thakore, APP.

JUDGMENT :

J.B. Pardiwala, J.

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

2. By these two applications under Section 482 of the Code of Criminal Procedure, 1973, the applicants - original accused Nos. 1, 4 and 5 seek to invoke the inherent powers of this Court, praying for quashing of the proceedings of the Criminal Cases Nos. 1213 of 2016 and 341 of 2016 respectively filed in the Court of the learned Additional Chief Metropolitan Magistrate (N.I. Act) at Ahmedabad arising from the two complaints filed under Section 138 of the Negotiable Instruments Act for the dishonour of the cheques.

3. The Criminal Miscellaneous Application No. 24863 of 2016 is treated as the lead matter.

4. The respondent No. 2 herein - original complainant lodged a complaint in the Court of the Additional Chief Metropolitan Magistrate (N.I. Act) at Ahmedabad culminating in the Criminal Case No. 1213 of 2016 for the offence punishable under Section 138 of the Negotiable Instruments Act. The complaint reads as under:

"2. Tha







































































































































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