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2017 Supreme(Guj) 1811

J.B.PARDIWALA
ABDUL RAUF ABDUL RASHID SHAIKH – Appellant
Versus
SHAIKH NURUDDIN SARFUDDIN – Respondent


Advocates Appeared:
For the Appellant :MR ZUBIN F BHARDA, ADVOCATE.
For the Respondent:MR. DHARMESH DEVNANI, MR SAQUIB S ANSARI, ADVOCATES.

JUDGMENT :

J.B.PARDIWALA, J.

1. By this application under Article 227 of the Constitution of India, the applicant original accused calls in question the legality and validity of the order dated 19th August 2015 passed by the Additional Sessions Judge, City Sessions Court, Ahmedabad in the Criminal Revision Application No.217 of 2015, by which the Revisional Court rejected the revision application filed by the applicant herein, thereby affirming the order passed by the Additional Chief Metropolitan Magistrate (Negotiable Instruments), Court No.36, Ahmnedabad dated 17th April 2015 below Exhibit: 28 in the Criminal Case No.1119 of 2013.

2. The facts giving rise to this application may be summarised as under:

2.1. The respondent No.1 has filed a complaint against the applicant herein in the Court of the Additional Chief Metropolitan Magistrate (Negotiable Instruments), Court No.36, Ahmedabad for the offence of dishonour of cheque punishable under Section 138 of the Negotiable Instruments Act. The complaint filed by the respondent No.1 has culminated in the Criminal Case No.1119 of 2013.

2.2. It appears that the complainant has closed his evidence. Thereafter, the further statement of the ap










































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