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J.B.PARDIWALA
Rahimsha Punjasha Diwan – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant :Mr. Hriday Buch, Advocate.
For the Respondent:Ms. Pathak, Addl. Public Prosecutor, Ms. Sejal H. Vyas, P.M. Vyas and Hiren P. Vyas, Advocates.

ORDER :

J.B. Pardiwala, J.

1. This matter was mentioned by Mr. Hiren Vyas, the learned counsel, whose appearance is shown on behalf of the complainant. Mr. Vyas pointed out that he is no longer appearing on behalf of the complainant. The complainant has been informed about the same long time back. It appears that the complainant has not taken any steps to engage any other lawyer to oppose this application.

2. By this application under section 482 of the Code of Criminal Procedure, 1973, the applicant-original accused seeks to invoke the inherent powers of this Court praying for quashing of the proceedings of the Criminal Case No.299 of 2015 filed in the court of the learned JMFC, Dasada, District: Surendranagar for the offence punishable under section 138 of the N.I. Act. The following facts are not in dispute:

(i) The cheque is dated 10th May, 2015

(ii) The same came to be dishonoured on 13th May, 2015.

(iii) The statutory notice under section 138 of the N.I. Act came to be issued on 25th May, 2015.

(iv) The notice was served upon the applicant herein on 30th May, 2015.

(v) The period of 15 days expired on 14th June, 2015.

(vi) The period of 30 days started reckoning from 15th June, 2015.

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