JAYESH CHANDULAL SHAH Vs. RAJESH AMBASHANKER NAGAR

JUDGEMENT

(1.) Rule. As the notice was issued to the respondents at the stage of admission and as the matter is heard at length on merits by giving opportunity to argue on merits, I proceed to dispose of it finally.

(2.) The original accused in Criminal Case No. 174 of 1991 has preferred the present application against the order of the learned Metropolitan Magistrate, Ahmedabad on 5th July, 1996.

(3.) The present petitioner-original accused in Criminal Case No. 174 of 1991 was having some transaction with the original complainant-Gujarat Agro Industries Corporation Ltd. of taking their products on credit and towards his dues, he had issued 2 cheques of Rs. 50,000.00 each. Those cheques were not cleared and dishonoured when the complainant had presented them for clearance to the Bank, hence the complainant has taken recourse to the provisions of Sec. 138 of Negotiable Instruments Act and has lodged a private complaint against the present revision applicant. After registering the said complaint, process was issued against the present revision applicant and revision applicant appeared before the Court on 19th August, 1991.