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2024 Supreme(Online)(GUJ) 25341

HIGH COURT OF GUJARAT
MR. JUSTICE DEVAN M. DESAI, J
ASHOKA MULTI YARN MILLS LTD. DIRECTOR PAWAN KUMAR PATODIA – Appellant
Versus
SHREE RAM COTTEX INDUSTRIES PVT. LIMITED THROUGH DIRECTOR RAMNIKBHAI CHAKUBHAI BHALALA – Respondent


Advocates:
MS SUNEETA R SHUKLA(5574) for the Applicant(s) No. 1, MR HARIN N PUAR(10447) for the Respondent(s) No. 1, MR PRAVIN GONDALIYA(1974) for the Respondent(s) No. 1, MR PRANAV DHAGAT, APP for the Respondent(s) No. 2

ORAL ORDER

1. By this application under Section 482 of the Code of Criminal Procedure, 1973 (for short, hereinafter referred to as `the Code’), the applicant seeks to quash and set aside Criminal Case No.1392 of 2016 pending before the learned Additional Chief Judicial Magistrate, Gondal, District Rajkot for the offence punishable under Section 138 of the Negotiable Instruments Act (for short, hereinafter referred to as `the Act’).

2. Rule returnable forthwith. Learned APP Mr. Pranav Dhagat waives service of notice of Rule on behalf of the respondent-State as well as learned advocate Ms.Priyal Shah waives service of notice of Rule on behalf of respondent No.2.

3. Considering the facts and circumstances of the case and with consent of the learned advocates for the respective parties, this matter is taken up for final disposal forthwith.

4. The brief facts of the case are as under: * The petitioner is a registered Company under The Company Law namely; M/s.Ashoka Multiyarn Mills Limited engaged in manufacturing of threads having its registered ofÏce at 6A, NICCO House 2, Hare Street, Kolkata. Respondent No.1 herein – original complainant has filed/instituted the impugned complaint again

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