SATURN INFRASPACE LIMITED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Mr. Dipak B. Patel on behalf of the applicants and learned APP Ms. M. D. Mehta on behalf of the respondent-State, learned Advocate Mr. Ajay L. Pandav on behalf of the respondent no. 2.

(2.) By way of the Special Criminal Application No. 3730 of 2015, the applicants pray for quashing of Criminal Case No. 7032 of 2014 under Sec. - 138 of the Negotiable Instruments Act pending before the learned Chief Judicial Magistrate, Ahmedabad (Rural). By way of the Special Criminal Application No. 1677 of 2015, the applicants pray for quashing of order dtd. 16/1/2015 passed by the learned Chief Judicial Magistrate, Ahmedabad (Rural), more particularly, directing the concerned Police Station to register the complaint preferred by the applicants under Sec. - 156(3) of the Code of Criminal Procedure.

(3.) Learned Advocate Mr. Patel on behalf of the applicants would submit that subsequent to passing of the said order, the Satellite Police Station, Dist. Ahmedabad had registered the M. case No. 02 of 2015 on 18/1/2015 for offences punishable under 182, 192, 201, 202, 203, 204, 405, 406, 467, 468, and 471 of the Indian Penal Code . Learned Advocate Mr. Patel would submit that since the said fact was not within the knowledge of the present applicants, they had not moved any application for amendment till now and whereas it is requested, more particularly, by submitting that the parties have settled the dispute inter se, to permit an amendment of the prayer so as to incorporate prayer challenging the FIR in question. Permission is granted. The appropriate amendment to be carried out right away.