SUNDARLAL BANSIDHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) AS identical questions of facts and law arise in both these applications, the same were heard together and are being disposed of by this common judgment and order.

(2.) BY way of Criminal Misc. Application No.15118 of 2011, the applicants ­ original accused have prayed for quashing and setting aside the complaint being Criminal Complaint No.5052 of 2010 pending before the Court of Metropolitan Magistrate, Court No.7, Ahmedabad and further consequent proceedings filed by respondent No.2­ original complainant under Section 138 read with Sections 141 and 142 of the Negotiable Instruments Act, 1881 as amended (hereinafter referred to as "the Act" for the sake of brevity). Similarly, by way of Criminal Misc. Application No.15119 of 2011, the applicants ­ original accused have prayed for quashing and setting aside the complaint being Criminal Complaint No.5053 of 2010 pending before the Court of Metropolitan Magistrate, Court No.7, Ahmedabad and further consequent proceedings filed by respondent No.2 ­ original complainant under Section 138 read with Sections 141 and 142 of the Act.

(3.) THE facts arising out of Criminal Misc. Application No.15119 of 2011 are as follows: