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2021 Supreme(Guj) 385

B.N.KARIA
Patel Uveshbhai Mohmadsalim – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR PRATIK B BAROT, adv
For the Respondent: Mr. H.K.Patel, adv

ORDER :

1. By preferring this application, the applicant has requested to quash and set aside the proceedings of Criminal Case No. 1254 of 2014 pending before the Additional Chief Judicial Magistrate Court, Lunavada for the offence punishable under Section 138 of the Negotiable Instruments Act, as well as order of process issued dated 14.10.2014.

2. The brief case of this case are as under:-

2.1 That, the applicant-original accused, who was the partner of Honest Trading Company at Lunavada and was looking over the management of such company and was connected with respondent No.2 for the purpose of buying grains from him. That, on 11.5.2014, the applicant purchased grains from respondent No.2 agreeing to pay Rs.6,63,592/- and as against such purchase, it was promised that the amount so agreed to be paid to respondent No.2 within a period of one month, against which, when the same was not paid to respondent No.2 within the said promised period the amount was demanded by respondent No.2 from the applicant herein and therefore, the applicant issued a cheque bearing cheque No.000241 dated 12.8.2014 of Rs.6,63,592/- towards payment of the grains which was purchased in the name of respondent

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