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2021 Supreme(Guj) 208

BELA M.TRIVEDI
Yogesh Premjibhai Suvariya – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Meet M Thakkar, Mr. Jay M Thakkar
For the Respondent: Mr Anuj K Trivedi, Ms CM Shah, APP

JUDGMENT :

1. The present Revision Application is directed against the order dated 08.02.2016 passed by the Additional Chief Judicial Magistrate, Anjar, Kutch in Criminal Case No. 584 of 2012, whereby the trial Court has rejected the application at Exh. 17 filed by the accused (petitioners herein) seeking their discharge from the case under Section 239 of the Criminal Procedure Code (hereinafter referred to as “the Code”).

2. The short facts giving rise to the present Revision Application are that the complainant Anilbhai S/o Vashrambhai Savadiya had lodged a complaint against the present petitioners-accused alleging inter alia that the petitioners had placed two orders with the complainant on 14.11.2011 and 21.11.2011 for the purchase of 293 metric tonnes of TMT Steel Bars, against which they had given ten cheques amounting to Rs. 1.19 Crores. Accordingly, the complainant had delivered the goods on various dates in November, 2011. Thereafter, the cheques given by the petitioners were presented in the Bank by the complainant, however all the ten cheques had returned dishonored with the endorsement “insufficient balance”. It was further alleged that since the petitioners-accused had n

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