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2020 Supreme(SC) 137

R.BANUMATHI, A.S.BOPANNA
Rajeshbhai Muljibhai Patel – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Petitioner(s): Mr. Rameshwar Prasad Goyal, AOR
For the Respondent(s): Mr. Aniruddha P. Mayee, AOR Mr. Gp. Capt. Karan Singh Bhati, AOR

JUDGMENT :

R. BANUMATHI, J.

1. Leave granted.

2. These appeals arise out of the impugned judgment dated 14.12.2018 passed by the High Court of Gujarat at Ahmedabad dismissing Criminal Misc. Application No.2735/2017 thereby declining to quash the FIR No.I-194/2016. By the same order, the High Court has allowed Criminal Misc. Application No.24588 of 2017 and quashed the criminal case in C.C.No.367/2016 filed by appellant No.3-Hashmukhbhai Ravjibhai Patel against accused Yogeshbhai Muljibhai Patel under Section 138 of N.I. Act.

3. Brief facts which led to the filing of these appeals are as under:-

Appellant No.1-Rajeshbhai Muljibhai Patel is the real brother of Yogeshbhai Muljibhai Patel who is the accused in C.C.No.367/2016 filed under Section 138 of N.I. Act by appellant No.3-Hashmukhbhai Ravjibhai Patel. Both appellant No.1-Rajeshbhai and his brother Yogeshbhai are stated to be residents of United Kingdom. In this appeal, appellant No.1-Rajeshbhai is represented through his Power of Attorney holder-appellant No.2-Vipulkumar Hasmukhbhai Patel. Respondent-Yogeshbhai is represented thr


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