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2012 Supreme(Guj) 618

M.R.SHAH
S. R. Apparels Pvt. Ltd. – Appellant
Versus
State of Gujarat – Respondent


JUDGMENT :

M.R. Shah, J.

Present Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure has been preferred by the applicants-original accused to quash and set aside the impugned complaint being Criminal Case No.3646 of 2009 pending in the Court of learned Metropolitan Magistrate (Special Negotiable Instruments Act) Court No.7, Ahmedabad filed by respondent no.2 herein-original complainant for the offences under Section 138 of the Negotiable Instruments Act.

2. Respondent No.2 herein-original complainant has filed the impugned complaint being Criminal Case No.3646 of 2009 against the applicants in the Court of learned Metropolitan Magistrate, Ahmedabad for the offences under Section 138 r/w Section 141 of the Negotiable Instruments Act for dishonour of the cheque issued by the applicant no.1 herein-original accused no.1 and signed by the applicant no.2 herein-original accused no.2 dated 19.1.2009. That in the said complaint, it is alleged and averred that the accused no.1 was purchasing raw cotton from the complainant since long and the complainant was maintaining the account for sale of goods and receipt of payment from accused no.1 from time to time in

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