MUKESHBHAI ISHWARBHAI PRAJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Since the centripodal issue raised in all the four captioned applications is the same those were heard analogously and are being disposed of by this common judgment and order.

(2.) By this writ application under Article-227 of the Constitution of India, the petitioner complainant of a complaint under the Negotiable Instruments Act calls in question the legality and validity of the order dated 26/9/2014 passed by the learned Addl. Chief Judicial Magistrate, Gandhinagar in Criminal Case No.6871/2013 by which the learned Judge ordered return of the original complaint and the documents to the complainant for presenting the same before the Court having competent jurisdiction to try the offence within a period of 30 days from the date of return of the complaint. It appears that such order was passed by the learned Judge keeping in mind the mandate issued by the Supreme Court in one of its recent pronouncements in the case of Dashrath Rupsing Rathod Vs. State of Maharashtra and another, 2014 9 SCC 129.

(3.) The brief facts giving rise to this application may be summed-up thus :