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2024 Supreme(Guj) 1068

CHEEKATI MANAVENDRANATH ROY
Wind Word (India) Ltd. Through Its Yogesh Jogendranath Mahera – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. JS Unwala, Senior Advocate with Parth S Shah
For the Respondent: Mr. Hardik Soni, APP.

JUDGMENT :

1. By way of filing these Criminal Misc. Applications under Section 482 of the Criminal Procedure Code, the petitioners seek quash of criminal proceedings in Criminal Case Nos.1426, 1427, 1429 and 1428 of 2016 on the file of learned Chief Judicial Magistrate Court, Amreli, for the offence punishable under Section 138 of the Negotiable Instruments Act.

2. Heard learned counsel for the petitioner and learned APP for the respondent-State. Despite service of notice, none appeared for second respondent.

3. Since common issue involved in these matters, brief facts of the case relevant to dispose of these applications are taken from Criminal Misc. Application No.22170 of 2017, which may be stated as under:-

3.1 The second respondent is a company in the name and style of Sheetal Cool Products Limited. The first petitioner herein is also a company in the name of Wind Word (India) Limited and it is doing business of manufacturing and supplying wind turbine. The second respondent, who is the original complainant, has placed an order with the petitioner for supply of machines. Advance amount was paid for supply of the said machines at the time of placing the order. Thereafter, the first

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