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2023 Supreme(Guj) 825

SANDEEP N. BHATT
Manojbhai Ramnikbhai (Rojivadiya) Kuvadiya Partner Of Milan Tyres – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR. ZALAK B PIPALIA
For the Respondent: MR VIMAL A PUROHIT, MR SOAHAM JOSHI, VISHAL S AWTANI

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. 2617 of 2016, 2620 of 2016, 2619 of 2016, 2612 of 2016 and 2616 of 2016 respectively filed under the provisions of the Negotiable Instruments Act (`NI Act’ for short).

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

3. For the sake of convenience, the facts of Criminal Miscellaneous Application No.13523 of 2019 are considered, which are as under:

3.1 A complaint came to be filed in the year 2007 before the learned Chief Judicial Magistrate, Probandar, thereafter, the case was transferred to the court of 2nd Additional Chief Judicial Magistrate, Rajkot and it was renumbered. However, thereafter, again in view of the amendment in the NI Act, the complaint was transferred to Porbandar and it was given the criminal case number impugned herein. It is the case of the complainant that on depositing the cheques, they were returned with the end

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