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2023 Supreme(Guj) 778

SANDEEP N. BHATT
Dipikaben Ashishbhai Doshi – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Mr. M P Shah, Ms. Kruti M Shah
For the Respondent: Mr. Narendra L Jain, Mr. Dhawan Jayswal, APP

JUDGMENT :

1. All these applications are filed under Section 482 of the Code of Criminal Procedure, 1973 (‘the Code’ for short) for quashing and setting aside the complaints being Criminal Case Nos.33342 of 2013, 33344 of 2013 and 33345 of 2013 respectively, pending before the Additional Chief Judicial Magistrate, Surat under the provisions of the Negotiable Instruments Act (‘NI Act’ for short).

2. As the common question of facts and law are involved in these applications, at the request of learned advocates for the parties, they are heard together and disposed of by this common oral order.

3. It is stated in the applications that the complaints came to be filed by the complainant in the capacity of power of attorney holder of Geetaben Vijaybhai Patel; that as the accused was in need of money for business purpose and demanded the same from the complainant, the complainant, in the capacity of a fried, lent the amounts for which cheques were issued by the accused; the complainant deposited the said cheques in the bank which were dishonoured on the ground of ‘funds insufficient’. The complainant issued legal notice which was served and reply was given, thereafter the complaints are filed

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