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2017 Supreme(Guj) 1898

J.B.PARDIWALA
Ankur Gopalbhai Patel – Appellant
Versus
Chisti Vasimudin Khurshidbhai – Respondent


Advocates Appeared:
For the Appellant :Mr. Pankaj R. Chhajed, Advocate.
For the Respondents:Mr. NR. Desai, Advocate, Mr. P.P. Majmudar, Advocate, Mr. Dharmesh Devnani, A.P.P.

JUDGMENT :

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 13th October 2017 passed by the 10th Additional Sessions Judge, Vadodara in the Criminal Revision Application No.220 of 2017, by which the Revisional Court allowed the revision application filed by the respondent No.1 herein–original complainant, thereby quashing and setting aside the order dated 6th July 2017 passed by the 12th Additional J.M.F.C., Vadodara below Exhibit: 1 in the Criminal Case No.45674 of 2014.

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

2.1 The respondent No.1 herein – original complainant herein filed a private complaint in the Court of the 12th Additional J.M.F.C., Vadodara against the applicant herein for the offence punishable under Section 138 of the Negotiable Instruments Act. The filing of the complaint by the respondent No.1 for the dishonour of two cheques issued by the applicant herein culminated in the Criminal Case No.45674 of 2014.

2.2 It appears from the materials on record that the Trial Court, vide order dated 6th July 2017 passed below Exhibits: 15

































































































































































































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