M. K. THAKKER
Gujarat Industrial Development Corporation – Appellant
Versus
Toral Engineering – Respondent
JUDGMENT :
M.K. THAKKER, J.
1. The fact situation in the analogous appeals is also same except cheque number and criminal case, therefore, this Court has passed the common order in all these matters.
2. These appeals are filed by the appellant, who is the original complainant, under Section 378 of the Code of Criminal Procedure, challenging the judgment and order dated 01.07.2019 passed by the learned Additional Chief Metropolitan Magistrate, Court No. 28, Ahmedabad in Criminal Case No. 218 of 2016 below Exh.1 by which, the private complaint filed under Section 138 of the Negotiable Instruments Act has been dismissed for default by exercising the powers under Section 256 of the Code of Criminal Procedure.
3. It is the case of the complainant that the complainant is the Corporation owned by the Gujarat Government and is engaged in development of the industry by providing industrial sheds and plots in various plots of Gujarat. The accused is the proprietor of the firm and carrying out the business in the name and style mentioned in the cause-title.
4. It is the case of the complainant that the accused had issued cheque in favour of the complainant to discharge the debt, which was owned by
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