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2022 Supreme(Online)(Guj) 4695

GUJARAT HIGH COURT
KEYURBHAI PRABHUDAS PATEL – Appellant
Versus
STATE OF GUJARAT – Respondent


ORAL ORDER

[1] By way of present petition under Section 482 of the Code of Criminal Procedure, 1973, the present petitioner seeks to challenge the proceedings being Criminal Case No.82910 of 2021 under Section 138 of the Negotiable Instruments Act (for short, “the Act”) pending before the learned Additional Senior Civil Judge and Additional Chief Judicial Magistrate (Negotiable Instruments Act) at Surat.

[2] The facts of the case, as gathered from the memo of petition, are as under:

[2.1]It is the case of the complainant that the son of the present petitioner has borrowed a sum of Rs.16,50,000/- from the respondent No.2 herein – complainant. In order to repay that amount, the present petitioner being father has issued a cheque No.546423 dated 20th July

2021 amounting to Rs.16,50,000/- drawn on the Axis Bank, Naranpura Branch, Ahmedabad in favour of the present respondent No.2 –

complainant.

[2.2] Upon being presented the aforesaid cheque by the present complainant, the said cheque came to be dishonoured. Thus, the statutory notice dated 4th August 2021 (a copy thereof is not produced on record) came to be issued to the present petitioner. The present petitioner has not complied with the

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