AMARJEETSINGH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) All these applications are filed under Section 482 of the Code of Criminal Procedure, 1973 ('the Code' for short) for quashing the order of issuance of process dated 19.12.2016 lodged before the Metropolitan Magistrate Negotiable Instrument Court No.32 at Ahmedabad being Criminal Case Nos.5009591 of 2016, 5009588 of 2016 and 5009589 of 2016, which are lodged for the offence under Section 138 of the Negotiable Instruments Act, 1881 ('NI Act' for short) as well as the order issuing BW/NBW and all the proceedings incidental thereto.

(2.) As the common question of facts and law are involved in all these applications, at the request of learned advocates for the parties, they are heard together and disposed of by this common judgment.

(3.) That the complaints are filed by the complainant- bank which was acquired and merged with ING Vyasa Bank; that the accused had availed a cash credit facility and an agreement was also executed for the same; the guarantee deed was also executed by the accused; that the impugned cheques were issued in discharge of debt, which were deposited by the complainant bank but returned with the remarks 'funds insufficient'. Therefore, the statutory notice was issued and thereafter the impugned complaints are filed, which are prayed to be quashed by way of these applications.