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2018 Supreme(Guj) 1043

J.B.PARDIWALA
Chimanbhai Bachubha Kabariya – Appellant
Versus
HDFC Bank Ltd. – Respondent


Advocates Appeared:
Aditya A Gupta, Adv., Mohit A Gupta, Adv., A.R. Gupta, Adv., Vivek B Gupta, Adv.

JUDGMENT

J.B. Pardiwala, J.

By this application under section 482 of the Cr.P.C., 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.633 of 2017 in the court of the 11th Judicial Magistrate, Rajkot arising from a criminal complaint filed by the respondent No.1-Bank under section 138 of the N.I. Act, 1881 (for short "the Act").

2. The complaint filed by the respondent No.1-Bank is against the partnership firm (accused No.1) and eleven partners. The applicants herein are the original accused Nos.4,5,6,7,8,9,10 and 11 respectively. The compliant filed by the Bank reads as under;

"1. The complainant Bank is registered and incorporated under the provisions of the Companies Act, 1956, having its Rajkot office at 2nd floor, Opp. Mahatma Gandhi High School, Rajkot. Complainant Bank is in business of providing various loans. The present complaint is filed bu the authorized officer who is authorized to file such complaint.

2. That the accused approached the complainant Bank for the purpose of












































































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