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2024 Supreme(Guj) 669

ILESH J. VORA
Bhoraniya Damjibhai Tapubhai – Appellant
Versus
Sumeru tradelink pvt. Ltd. Thro Dhrumil Deepakkumar Shah – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR PT JASANI
For the Respondent: CHETANKUMAR V DARJI, MR JAY MEHTA

ORDER :

1. By invoking inherent powers of this Court, the applicant-original accused no.4 who has been subsequently impleaded during the course of enquiry by the trial court, has preferred this application against the order dated 05.03.2022 passed below Ex.13 by which the Additional Judicial Magistrate Court, Ahmedabad (Rural) by exercising his judicial discretion under Section 319 of Cr.P.C., impleaded the applicant herein as accused no.4 in the said Enquiry No.132 of 2017.

2. This Court has heard Mr. P.T. Jasani, learned counsel for the applicant, Mr. C.V Darji, learned counsel for respondent no.1 and Mr. Jay Mehta, learned Additional Public Prosecutor for the respondent-State.

3. Brief facts giving rise to file present application are that, the second respondent/complainant - Sumeru Tradelink Private Limited filed a private complaint under the provisions of Section 138 of Negotiable Instruments Act, 1881, impleading therein the company Umiya Ceramics as accused no.3 and its two directors namely Odhavji Talshibhai Bhoraniya and Ramesh Tapubhai Bhoraniya as accused no.1 and 2. The complaint for return of two cheques, issued by the company accused no.3 filed on 02.08.2014 on the file

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