MUKESH PANJWANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. Patel, learned Addl.P.P. waives service of Rule on behalf of respondent No. 1 and Mr. Pandya, learned Counsel waives service of Rule on behalf of respondent No. 2. With the consent of the learned Counsel for the respective parties, Rule is fixed forthwith.

(2.) The applicant in all these seven Criminal Miscellaneous Applications, who is an accused No. 5 in seven Criminal Cases filed by the Respondent No. 2 original complainant, for commission of offence punishable under Section 138 read with Section 141 of the Negotiable Instruments Act 1881 (herein after referred to as N.I. Act for short) has filed these applications under Section 482 of the Criminal Procedure Code 1974 (herein after referred to as the Code for short) for quashing the Criminal proceedings in those seven Criminal cases pending in the court of JMFC Gandevi. As all the seven Criminal Miscellaneous Applications arise between the same parties and involve almost identical facts and raise common points for determination they are heard together and disposed of by this common judgment.

(3.) Brief facts leading to filing of these applications deserve to be set out as under. The Complainant a registered Limited Company under the Company Act 1956 through its one of the Directors filed the following Criminal Cases against the accused No. 1 Company and its Directors for commission of offence punishable under Section 138 read with Section 141 of the N.I. Act, as the several cheques, issued by and on behalf of the accused No. 1 Company against the supply of goods, were dishonored by the Bank of the Accused No. 1 on account of insufficient funds and as the Accused No. 1 and its directors failed in making the payment to the Complainant within stipulated time after receiving the statutory notices under the provisions of the N.I. Act. The details of Criminal cases filed in the Court of JMFC Gandevi are set out hereunder. <FRM>JUDGEMENT_412_TLGJ0_20061.htm</FRM>