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2018 Supreme(Guj) 279

J.B.PARDIWALA
SAMARTH – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For the Appellant :HARSHESH R KAKKAD, MR RC KAKKAD, ADVOCATE.
For the Respondent: MR. SURAJ A SHUKLA, MR DHARMESH DEVNANI, APP.

JUDGMENT :

1. Rule returnable forthwith. Mr. Dharmesh Devnani, the learned APP waives service of notice of rule for and on behalf of the respondent No.1 State of Gujarat. Mr. Suraj Shukla, the learned advocate waives service of notice of rule for and on behalf of the respondent No.2original first informant.

2. By this application under Section-482 of the Code of Criminal Procedure, 1973, the applicants-original accused seek to invoke the inherent powers of this Court praying for quashing of the proceedings of the Criminal Case No.9026 of 2017 pending before the Court of 11th Additional Chief Judicial Magistrate, Rajkot, arising from a complaint filed by the respondent no.2 herein for the offence of dishonour of cheques punishable under Section-138 of the Negotiable Instruments Act.

3. It appears from the materials on record that the applicant no.1 is a Partnership Firm. The applicants nos.2, 3 and 4 are the Partners of the Partnership Firm. In connection with some transactions relating to the plots of land, two cheques came to be drawn, duly signed by the applicant no.2 on behalf of the Partnership Firm in favour of the respondent no.2 – original complainant. The details of the cheque












































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