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2023 Supreme(Guj) 993

SANDEEP N. BHATT
Gauriben Bhimjibhai Sorathiya – Appellant
Versus
State Of Gujarat – Respondent


Advocates Appeared:
For the Applicant : Mr Gajendra P. Baghel.
For the Respondents: Mr. Dhawan Jayswal, Rule Served By DS.

JUDGMENT :

1. Since the issues involved in the present applications are identical in nature, Criminal Misc. Application No.7834 of 2018 is considered as leading matter.

2. The present application is filed for seeking following main reliefs:-

    “(A) YOUR LORDSHIPS be pleased to quash the impugned complaint being Special Criminal Case No.33686/2017 filed in the Court of Ld. Additional Senior Civil Judge & Chief Judicial Magistrate, Surat for the offences punishable u/s. 138 of N.I. Act, order passed thereon, and all further proceedings in pursuance thereto, in the interest of justice;

(B) YOUR LORDSHIPS may be pleased to stay the further proceedings of impugned complaint being Special Criminal Case No.33686/2017 pending in the Court of Ld. Additional Senior Civil Judge & Chief Judicial Magistrate, Surat, pending the admission, hearing and final disposal of this. petition, in the interest of justice;”

3. Brief fact in Criminal Misc. Application No.7834 of 2018 as per the case of the applicant in this application are as such that the applicant is a lady aged 58 years and doing household work. The case of the respondent no.2- complainant is that the complainant is a proprietor of Sahjanand Ac

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