DADIA AND SONS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Learned Assistant Government Pleader, Mr. P.B. Bhatt, waives service of Rule on behalf of opponent No. 1, whereas learned Advocate Mr. H.C. Modi waives service of Rule on behalf of opponent No. 2- original complainant. By the consent of the learned Advocates for the parties this group of Criminal Misc. Applications is taken up for final hearing.

(2.) APPLICANT No. 1 is a partnership firm and applicant Nos. 2 to 6 are its partners, who have filed Criminal Misc. Application Nos. 6519 of 1997 and 6520 of 1997; whereas Applicant No. 1, a partnership firm and applicant Nos. 2 to 7, partners of the said firm filed Criminal Misc. Application No. 6521 of 1997.

(3.) THE applicants, by way of filing these three applications, under Section 482 of the Code of Criminal Procedure ("Code" for short), have prayed to quash the complaints filed by opponent No. 2, against the applicants, and the criminal proceedings, being Criminal Case Nos. 3039/96, 3040/96, and 3041/96, pending before the learned Metropolitan Magistrate, Court No. 15, Ahmedabad (hereinafter referred to as 'Trial Court') for the offences punishable under Section 138 of the Negotiable Instruments Act, 1881 ('Act' for short) and Section 420 of the Indian Penal Code. Criminal Misc. Application No. 6519 of 1997