GITA GOPI
Bariya Sureshbhai Manabhai – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
1. The present appeals have been filed under section 378 of the Cr.P.C., which are preferred against the order dated 20.04.2022 in Criminal Case Nos.92 of 2021 and 91 of 2021 respectively, which came to be dismissed for default under section 256 of Cr.P.C.
2. Mr. Muhammadyusuf M.Kharadi, learned advocate for the appellants referring to the rojnama of the proceedings submitted that, prior to registering the complaint criminal inquiry was undertaken by registering the matter as Criminal Inquiry Case Nos.03/2021 and 02/2021 respectively. The learned trial Court Judge was pleased to entertain the complaints, and by referring to the judgment of Hon’ble Apex Court in Indian Bank Association Vs. Union of India, reported in (2014) 5 SCC 519, took cognizance of the matter under section 138 of the N.I. Act and ordered to issue summons against the accused making it returnable on 15.09.2021, and thereafter the case was registered as Criminal Case Nos.92 of 2021 and 91 of 2021 respectively on the very same day.
2.1 Mr. Kharadi submitted that the complaint was exhibited as Exhibit-1; Vakalatnama, on record, at Exhibit-2; list of documents were produced vide a list at Exhibit-3, Affidavit of
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