DARSHAK ASHVINBHAI CHANIYARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) All these applications are filed under Sec. 482 of the Code of Criminal Procedure, 1973 ('the Code' for short) for quashing and setting aside the complaints being Criminal Case Nos.7029 of 2019 pending before the learned Chief Judicial Magistrate, Bhavnagar filed under the provisions of the Negotiable Instruments Act ('NI Act' for short).

(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 oral order.

(3.) The facts giving rise to these applications, as stated in the applications, are such that the impugned complaint is filed by the respondent no.2 inter alia stating that his partnership firm is engaged in the business of trading in various kinds of irons and the petitioners who are the partners of partnership firm names Kamnath Enterprise, were doing regular business with his firm and the said firm used to purchase goods from respondent no.2 on credit basis and the said firm used to make payment at a later point of time and as per the books of accounts of respondent no.2, there was an outstanding amount from the applicants' firm for which the applicants' firm issued cheques, which were deposited by respondent no.2 and the same were dishonoured with an endorsement 'payment stopped by drawer'. Therefore, the respondent no.2 issued the notice and as the amount was not paid, the applicant filed the impugned complaint; it is this complaint which is prayed to be quashed by filing these applications.