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2024 Supreme(Guj) 1047

HASMUKH D. SUTHAR
Turn – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms Devanshi P Malkan
For the Respondent: Mr. Utkarsh Sharma, Addl. Public Prosecutor

JUDGMENT :

[1.0] By way of present petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC”), the petitioners have prayed for the following relief:

    “Quash and set aside order passed by learned Additional Senior Civil Judge and Judicial Magistrate, First Class at Surat by an order dated 26.04.2021 in Criminal Case No.23017 of 2021 as being abuse of process of law;”

[2.0] The facts in nut-shell emerging from the record of the case are as follows:

[2.1] Petitioner No.1 is a partnership firm viz. U-Turn and petitioner Nos.2 and 3 are partners of petitioner No.1 – partnership firm and are engaged in the business of optical glasses. Respondent No.2 is the original complainant i.e. Insperson Ink – a partnership firm, who had obtained franchisee of petitioner No.1 firm on 11.09.2019 and as per the franchisee agreement, the complainant firm had made total payment of Rs.72.50 lakh through RTGS and NEFT to the petitioner firm. That, thereafter, when the complainant demanded the amount from the petitioners towards their legally enforceable debt, four cheques were issued.

[2.2] The aforesaid cheques when presented before the Bank by the complainant, came

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