NARENDRA KISHAN CHUGANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Mr. Rohit N. Patel for the Applicants and learned APP Mr. Himanshu Patel for the Respondent - State of Gujarat.

(2.) Learned Advocate for the Applicant has submitted that false complaint is filed against the present Applicant as transaction is a commercial transaction taken place between the complainant and the Applicant Accused. That the cheques were issued. The complainant can take recourses by filing complaint under the NI Act or he may file suit to recover the amount due to him. He requested to allow this Application.

(3.) Learned APP has submitted that the offence is less than 7 years and that the guidelines laid down by the Hon'ble Apex Court in case of Arnesh Kumar v. State of Bihar & Anr . reported in (2014) Cr.L.J. 3707 is applicable considering the facts and circumstances of the case. He therefore requested to reject the Application.