R/SCR.A/10605/2019 ORDER DATED: 27/04/2022

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CRIMINAL APPLICATION NO. 10605 of 2019

With

CRIMINAL MISC.APPLICATION (FOR STAY) NO. 1 of 2021

In R/SPECIAL CRIMINAL APPLICATION NO. 10605 of 2019

With

R/SPECIAL CRIMINAL APPLICATION NO. 10656 of 2019

With

CRIMINAL MISC.APPLICATION (FOR STAY) NO. 1 of 2021

In R/SPECIAL CRIMINAL APPLICATION NO. 10656 of 2019

With

R/SPECIAL CRIMINAL APPLICATION NO. 10669 of 2019

With

R/SPECIAL CRIMINAL APPLICATION NO. 1091 of 2020

With

CRIMINAL MISC.APPLICATION (FOR STAY) NO. 1 of 2021

In R/SPECIAL CRIMINAL APPLICATION NO. 1091 of 2020

With

R/SPECIAL CRIMINAL APPLICATION NO. 1112 of 2020

With

CRIMINAL MISC.APPLICATION (FOR STAY) NO. 1 of 2021

In R/SPECIAL CRIMINAL APPLICATION NO. 1112 of 2020

With

R/SPECIAL CRIMINAL APPLICATION NO. 1113 of 2020

With

CRIMINAL MISC.APPLICATION (FOR STAY) NO. 1 of 2021

In R/SPECIAL CRIMINAL APPLICATION NO. 1113 of 2020

With

R/SPECIAL CRIMINAL APPLICATION NO. 1117 of 2020

With

CRIMINAL MISC.APPLICATION (FOR STAY) NO. 1 of 2021

In R/SPECIAL CRIMINAL APPLICATION NO. 1117 of 2020

With

R/SPECIAL CRIMINAL APPLICATION NO. 1128 of 2020

With

CRIMINAL MISC.APPLICATION (FOR STAY) NO. 1 of 2021

In R/SPECIAL CRIMINAL APPLICATION NO. 1128 of 2020

With

R/SPECIAL CRIMINAL APPLICATION NO. 1129 of 2020

With

CRIMINAL MISC.APPLICATION (FOR STAY) NO. 1 of 2021

In R/SPECIAL CRIMINAL APPLICATION NO. 1129 of 2020

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RAJESH NATVARLAL MEHTA

Versus

SHREE TUSHAR PRAVINCHANDRA SHAH, PARTER OF

PRAVINCHANDRA KESHRICHAND AND COMPANY

Page 1 of 10

R/SCR.A/10605/2019 ORDER DATED: 27/04/2022

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Appearance:

MS SUNEETA R SHUKLA(5574) for the Applicant(s) No. 1

MR JIGAR M PATEL(3841) for the Respondent(s) No. 1

MS MD MEHTA, ASSISTANT PUBLIC PROSECUTOR for the Respondent(s)

No. 2

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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

Date : 27/04/2022

ORAL ORDER

1. Heard learned Advocate Ms. Suneeta R. Shukla on behalf of the

applicants and learned APP Ms. Mehta on behalf of the respondent-State,

learned Advocate Mr. Jigar M. Patel on behalf of the respondent-original

complainant.

2. Issue Rule in all these matters, learned APP Ms. M. D. Mehta as well

as learned Advocate Mr. Patel waive service of rule on behalf of the

respective respondents. The present applications are taken up for final

disposal with consent of the learned Advocates for the parties. A common

question arises for consideration of this Court in all these applications and

additionally parties to the dispute in all the applications are also common

hence, all the applications are taken up for hearing simultaneously,.

3. The question that arises for consideration of this Court in this group of

application, would be that whether the impugned complaint, should be

quashed by this Court, only on the ground that the petitioner i.e. an

Page 2 of 10

R/SCR.A/10605/2019 ORDER DATED: 27/04/2022

accused in the complaint, is not a signatory to the cheque in question,

though the cheque in question was drawn on a joint account maintained

by both the accused.

4. For the purpose of deciding the question as above, facts of the Special

Criminal Application No. 10605 of 2019 are being taken into

consideration. The applicant challenges Criminal Case No. 1253 of 2019

filed by the respondent no. 2 herein against the applicant and his wife.

Learned Advocate Ms. Shukla would submit that while the account in

question, from which the cheque had been issued, was a joint account

where both the accused i.e. the husband and wife are joint account

holders but ac