JUDGMENT :

1. The petitioner, as partner of “Ambika Builders”, has challenged the proceedings under Section 138 of Negotiable Instruments Act, 1881 being Criminal Case No. 31803 of 2019 before the Additional Chief Judicial Magistrate Court, Vadodara under Articles 226 and 227 of the Constitution of India and under Section 482 of the Code of Criminal Procedure, 1973 on the grounds that M/s “Ambika Builders” is having eight partners, who had purchased land vide registered sale deed dated 01.02.2019 from the complainant of Criminal Case No.31809 of 2019 and one Vijaybhai Ishwarbhai Patel. Cheques were drawn by the “Ambika Builders” on the Bank a/c maintained by the firm. It was assured that undisputed possession of the land with clear title would be handed over and therefore, part payment was done. However, as a dispute arose regarding the title and possession of land, the payment of cheques was instructed to be stopped by “Ambika Builders”.

1.1. It is stated that two cheques bearing Nos. 254174 and 724369 dated 01.08.2019 of State Bank of India were returned unpaid and therefore, statutory notice was issued to the present petitioner, in the capacity of being Partner of “Ambika Builders