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2019 Supreme(Guj) 1161

SONIA GOKANI
Siddharth Exports – Appellant
Versus
Kotak Mahindra Bank Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Mandeep Singh Saluja
For the Respondent:Mr Navin Pahwa, Sr.Adv. With Mr Ankur Y Oza, Advocate, Ms Jirga Jhaveri, Addl.Public Prosecutor

ORDER :

1. This is a petition under Section 482 of the Code of Criminal Procedure seeking to invoke inherent powers of this Court for quashment of the proceedings of Criminal Case No.69351 of 2018 pending before the Court of learned Additional Chief Metropolitan Magistrate (Negotiable Instrument Act) Court No.32, Ahmedabad and also to quash the order of summoning dated 23.07.2018 passed by the learned Magistrate.

2. The brief facts leading to the present case are as under:-

2.1 The petitioner No.1 is the partnership firm in the name and style as Sidharth Exports for the purpose of manufacturing the automobile parts and engaged in the export of the said products whereas, the petitioner No.2 is the partner of the firm.

2.2 The firm Sidharth Exports made a loan agreement bearing No.152532177 dated 31.07.2016 with Kotak Mahindra Bank Ltd. with personal finance, Delhi, Noida. The Kotak Mahindra Bank Ltd. financed the petitioner- firm a sum of Rs.25,00,000/- (Rupees Twenty Five Lacs) vide its letter dated 31.07.2016.

2.3 The petitioner- firm had issued the security cheques for ECS purpose but, said cheques according to the petitioner- firm, have been misused by the respondent intentionally pr


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