LAWS(GJH)-2018-7-64

CHIMANBHAI BACHUBHA KABARIYA Vs. HDFC BANK LTD

Decided On July 11, 2018
Chimanbhai Bachubha Kabariya Appellant
V/S
HDFC BANK LTD Respondents

JUDGEMENT

(1.) By this application under section 482 of the Cr.P.C., 1973, the applicants-original accused, seek to invoke the inherent powers of this Court praying for quashing of the proceedings of the Criminal Case No.633 of 2017 in the court of the 11th Judicial Magistrate, Rajkot arising from a criminal complaint filed by the respondent No.1-Bank under section 138 of the N.I. Act, 1881 (for short "the Act") .

(2.) The complaint filed by the respondent No.1-Bank is against the partnership firm (accused No.1) and eleven partners. The applicants herein are the original accused Nos.4,5,6,7,8,9,10 and 11 respectively. The compliant filed by the Bank reads as under;

(3.) Mr. Aditya A. Gupta, the learned counsel appearing for the applicants has filed his written submissions. They are noted as under;