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2023 Supreme(Guj) 831

SANDEEP N. BHATT
Anilkumar Ramniklal Patel – Appellant
Versus
K G S Tyres Distributors Proprietor Rajeshkumar Kantilal Samani Thropoa Lalitkumar Kantilala Samani – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR YOGESHKUMAR A RATANPARA
For the Respondent: MR VIMAL A PUROHIT, 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.2613 of 2016, 2615 of 2016, 2622 of 2016, 2611 of 2016, 2614 of 2016, 2618 of 2016 and 2621 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. Rule returnable forthwith. Learned advocate Mr.Vimal Purohit waives service of notice of rule for respondent no.1.

4. Heard learned advocates for the parties.

4.1 Learned advocate Mr.Ratanpara for the applicants submitted that the impugned complaint is not maintainable against the applicants as no specific averments, much less any averment as per the requirement of Section 141 of the NI Act has been made against the applicants. He further submitted that the applicant nos. 1 and 2 resigned as director in the year 2006 and the applicant no.3 resigned in the year 1996, and the resolution is passed

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