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2024 Supreme(Online)(GUJ) 4816

HIGH COURT OF GUJARAT
HONOURABLE MR. JUSTICE ILESH J. VORA
RAMESHBHAI REVABHAI PATEL – Appellant
Versus
STATE OF GUJARAT – Respondent


ORAL ORDER

1. By this application, the applicants – original accused seek to quashing of Criminal Case No.2423 of 2021, filed by the second respondent for the alleged offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

2. This Court has heard learned counsels Mr.Mehul Sarad Shah, Mr.Hardik Barot and learned APP Mr.Bhargav Pandya for the respective parties.

3. Mr.Mehul Shah, learned advocate appearing for and on behalf of the applicants, who have been impleaded as accused in the aforesaid private complaint for the offence punishable under Section 138 of the N.I. Act, has submitted that the applicants have been falsely, without verifying their functions and liabilities in the company, impleaded as accused. Relying on the case of Sunita Palita Vs. M/s.Panchami Stone Quarry, (2022 (3) Crimes 189 Supreme Court), he contended that the impleadment of all Directors of the company on the basis of statement that they are in charge of and/or responsible for the conduct of the business of the company without anything more does not fulfill the requirement of Section 141 of the N.I. Act. Thus, therefore, he would urge that the Trial Court, in a mechanical manner, issued a

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