SURESHBHAI NARSINHBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mr.K.P. Raval, learned Additional Public Prosecutor waives the service of notice of rule on behalf of the respondent No.1 and Ms.Nidhi Japee, learned advocate waives the service of notice of rule on behalf of the respondent No.2.

(2.) IN the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of the respective parties, present petition is taken up for final hearing today.

(3.) THAT the learned 2nd Civil Judge and Judicial Magistrate (First Class), Himmatnagar vide order dtd.10/2/2010 has directed to take the complaint on record and to register the same and to issue process against the petitioner herein - original accused No.1 for the offence punishable under section 138 of Negotiable Instruments Act only. Being aggrieved by and dissatisfied with the same, the petitioner herein ? original accused No.1 has preferred present petition under section 482 of the Code of Criminal Procedure.