NAIKNAVARE & ASSOCIATES Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Shri M.R.Mengde, learned APP waives service of rule on behalf of the respondent No.1 State and Shri Devang Nanavati, learned advocate waives service of rule on behalf of the respondent No.2 original complainant.

(2.) Present application has been filed under section 482 of the Criminal Procedure Code by the applicants original accused Nos.7 to 11 as partnership firm - M/s. Naikanavare & Associates and the partners of the said firm for an appropriate order of quashing and setting aside Criminal Complaint No.58/2004 Inquiry Case No.45/2005 subsequently numbered as Criminal Case No.25780/2006 pending in the Court of the learned JMFC, First Court, Surat.

(3.) A criminal complaint has been filed before the learned JMFC, First Court, Surat against the applicants and others by the respondent No.2 herein original complainant for the offences punishable under sections 138 and 141 of the Negotiable Instrument Act, 1881 (hereinafter referred to as "the N.I.Act" for short) and for the offences punishable under sections 406, 420, 114 & 120(B) of the I.P.C. and the learned trial Court has issued summons against all the accused for the offence under section 138 of the N.I.Act. Being aggrieved and dissatisfied with the same, the applicants herein original accused Nos.7 to 11 have preferred present application for quashing and setting aside the said complaint qua them.