Kuntalbhai Padamkumar Vyas vs State Of Gujarat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Guj) 1707

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
DIVYESH A.JOSHI
Kuntalbhai Padamkumar Vyas – Appellant
Versus
State Of Gujarat – Respondent

Advocates Appeared:
For the Appellant : MR DK SHUKLA
For the Respondent: MR TATVDEEP J JANI, MR DIGVIJAY SINGH BISHT for MR BHUNESH C RUPERA, MR MANAN MEHTA

JUDGMENT :

DIVYESH A. JOSHI, J.

1. Rule. Learned APP, Mr. Manan Mehta for respondent no.1 – State of Gujarat and learned advocate, Mr. Digvijay Singh Bisht for learned advocate, Mr. Bhunesh Rupera for respondent no.2 – original complainant waive service of notice of rule.

2. By way of preferring present application under Articles 226 and 227 of the Constitution of India as well as under Section 482 of the Code of Criminal Procedure, 1973 (“CrPC” for short”), the applicant has prayed for quashment of impugned proceedings being Criminal Case No.1001/2015 and the order passed thereon by the learned Additional Chief Metropolitan Magistrate, Court No.35, Ahmedabad qua the applicant.

3. Heard learned advocate, Mr. Tatvdeep Jani for the applicant, learned APP Mr. Manan Mehta for the respondent no.1 – State of Gujarat and learned advocate, Mr. Digvijay Singh Bisht for learned advocate, Mr. Bhunesh Rupera for respondent no.2 – original complainant.

4. Learned advocate submitted that the facts of the present case are that the applicant had taken loan from the respondent no.2 – Finance Company viz., TATA Capital Financial Services Ltd. and as a part of contract, the applicant had issued cheques in