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2022 Supreme(Guj) 273

V.M.PANCHOLI
Good Luck Printing Press/Good Luck Printers – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant : Axit J. Tanna and Kumar H. Trivedi.
For the Respondents: Ronak Raval, APP.

JUDGMENT :

V.M. Pancholi, J.

1. Rule Learned Additional Public Prosecutor waives service of notice of Rule for respondent No. 1 State and learned advocate Mr. Amit Bhavsar waives service of notice of Rule for respondent No. 2.

2. This application is filed under Section 482 of the Code of Criminal Procedure, 1973 ("the Code" for short) wherein the applicant has prayed that the judgment and order of conviction dated 27.12.2021 passed by learned Additional Judicial Magistrate First Class, Himmatnagar in Criminal Case No. 142 of 2020 and all the other consequential proceedings arising out of the said judgment be quashed and set aside.

3. Heard learned advocate Mr. Kumar Trivedi for the petitioner, learned Additional Public Prosecutor Mr. Ronak Raval for respondent No. 1 State and learned advocate Mr. Amit Bhavsar for respondent No. 2.

4. Learned advocate for the applicant has submitted that respondent No. 2 herein has filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 ("the N.I. Act" for short) against the applicant for dishonour of cheque amounting to Rs. 1,32,000/-. It is submitted that the concerned trial Court, vide impugned order dated 27.12.2021, convicted the

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