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2021 Supreme(Guj) 999

GITA GOPI
NILESHKUMAR VITTHALBHAI PRAJAPATI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
For the Appellant :ROHAN MAJMUDAR ADVOCATE FOR MR NK MAJMUDAR
For the Respondent: KULDEEP K ADESARA, MR KM PARIKH, MR PRANAV TRIVEDI

JUDGMENT :

GITA GOPI, J.

1. Rule. Mr. Pranav Trivedi, learned Additional Public Prosecutor and Mr. K.M. Parikh, learned advocate waive service of notice of rule on behalf of respondent nos.1 and 2 respectively.

2. The petitioner has filed this petition under Article 226 of the Constitution of India and under Section 482 of the Code of Criminal Procedure, 1973, (for short “the Cr.P.C.”) for quashing and setting aside the Criminal Case No.22509/2018 filed before the Court of Chief Judicial Magistrate, Vadodara.

3. The petitioner states that in and around February/March 2018, he was serving in a private organization and had never ventured into any business nor had become Director of any of the Companies, nor he was any authorized signatory or partner in any partnership firm.

3.1 The petitioner states that Criminal Complaint No.22509 of 2018 came to be registered and he was served with summons. The petitioner states that mother of the petitioner is the occupier of Plot No. 2/46, Muktalaya, Post Office Road, Near Janakpuri Society, Kim. He has no connection whatsoever with the said land as he was serving in Bharuch and other town in private section and organizations. However, as the cheques

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