RUSHI COTTEX PVT. LTD. Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present application, applicants have prayed to quash and set and set aside the impugned order dtd. 20/7/2020 passed by the learned Additional Sessions Judge, Court No.31, Ahmedabad in Criminal Revision Application No.461 of 2018 and requested to stay further proceedings thereof.

(2.) The brief facts are as under:

(3.) That the respondent-Mr. Premsagar Jatashjankar Tiwari owner of M/s. Pratiksha Textile and was of the was involved in business relations with the applicant No.1 regarding buying and selling of goods, i.e. raw materials like cotton Bales since long. It is alleged that on one occasion the cheque issued by the applicant No.1 for Rs.10,00,000.00 (Ten Lakhs) bearing No.370677 dtd. 2/7/2015 drawn on SBI Branch, S.M.E. Law Garden Branch, Ahmedabad was dishonoured with the noting that "Funds Insufficient" vide cheque return memo dtd. 8/9/2015. Thereafter, the respondent had issued legal notice and the applicants had replied for the same through their advocate. That thereafter the respondent No.2 took legal action after a gross delay of 24 days, i.e. even after the limitation period for filing a complaint had lapsed by way of filing of Criminal Misc. Application No.2245 of 2015 for condonation of delay before the Court of Learned Additional Chief Metropolitan Magistrate and Special Nego. Court No.36, Ahmedabad, whereby the learned Court on not finding sufficient reasons assigned to delay of 24 days below was pleased to reject the application of the respondent No.2 by order dtd. 28/9/2018. Thereafter after against the above stated order dtd. 28/9/2018, the respondent No.2, being aggrieved with the order, had preferred Criminal Revision Application No.461 of 2018 before the Learned Additional Sessions Judge, Court No.31, Ahmedabad whereby the Learned Sessions Judge was pleased to allow the revision application of the respondent no.2 and condoned the delay of 24 days permitting the complaint to be registered against the present applicants under Sec. 138 read with Sec. 141 of the Negotiable Instruments Act.