A B GARWARE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) COUNSEL for the petitioners stated that petitioner No.3 has expired. He stands deleted from the cause title at the oral request of the counsel for the petitioners.

(2.) PETITIONERS are some of the accused in separate cheque bouncing complaints lodged by respondent No.2 who is common in all the complaints. PETITIONERS seek quashing of such complaints on various grounds. Since facts are similar on all material aspects in all the petitions, they may be recorded as emerging in Criminal Misc. Application No.11807 of 2007. PETITIONERS in this petition are original accused Nos.1 to 5 and 9 respectively in Criminal Complaint No.2070/95 filed before the learned Chief Judicial Magistrate, Baroda by respondent No.2 on 13th June 1995. The complainant alleged commission of offence punishable under section 138 of the Negotiable Instruments Act as well as 420 of the Indian Penal Code by all the accused including the petitioner. With respect to the contents of this complaint, reference in detail will be made at a later stage.

(3.) AFTER the said judgment of the Hon'ble Supreme Court, the petitioners once again approached before the learned Magistrate and sought their discharge which was rejected by the learned Magistrate by order dated 24.1.07. This order, it is stated that, was challenged by filing Criminal Misc. Application No.7416 of 2007 and connected matters, which came to be disposed on 21.6.07 in following manner :