MANISHKUMAR AMRUTLAL PATEL Vs. HUBERGROUP PRIVATE LIMITED

JUDGEMENT

(1.) Since the issue involved in both these petitions is same and arising between the same parties, both these petitions are heard, decided and disposed of by this common oral order.

(2.) By way of present petitions under Articles 226 and 227 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, 1973 (for short "CrPC"), the petitioner has requested to quash and set aside the order dtd. 21/11/2023 passed below Exh.10 by the learned Additional Chief Judicial Magistrate Court, at Vapi in Criminal Case Nos.5511/2023 and 5510/2023 and confirmed by the learned 4th Additional Sessions Judge, Valsad at Vapi in Criminal Revision Application Nos.50/2023 and 51/2023.

(3.) It is the case of the petitioner that respondent No.1 herein filed a private complaint before the Court of learned Additional Chief Judicial Magistrate, at Vapi for the offence under Sec. 138 of the Negotiable Instruments Act, 1881 against the present petitioner for alleged dishonor of cheques. As two cheques were issued by the present petitioner for alleged debt of Rs.30.00 lakh, two complaints were filed. That, in connection with the said complaints, petitioner had given application Exh.10 requesting to provide documents in Gujarati, which came to be rejected by the learned Magistrate vide order dtd. 21/11/2023 passed below Exh.10 application. Being aggrieved with the said order, the petitioner preferred Criminal Revision Application which also came to be rejected.