RAKESHBHAI MAGANBHAI BAROT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application under Article 227 of the Constitution of India, the applicant - original accused calls in question the legality and validity of the order passed by the 3rd Additional Civil Judge, Himmatnagar, dated 27th March 2018 below application Exh.128 in the Criminal Case No.3145 of 2014.

(2.) It appears from the materials on record that the respondent no.2 herein - original complainant filed a private complaint in the Court of the Chief Judicial Magistrate, Himmatnagar, against the applicant herein for the offence punishable under Section 138 of the Negotiable Instruments Act. The complaint has been registered as the Criminal Case No.3145 of 2014 and the same is pending as on date in the Court of the Chief Judicial Magistrate, Himmatnagar. The applicant - original accused preferred an application Exh.128, which reads as under :

(3.) The court below adjudicated the application Exh.128 and rejected the same by placing strong reliance on the decision of the Supreme Court in the case of M/s.Mandvi Cooperative Bank Limited v. Nimesh B.Thakore, reported in (2010)3 SCC 83.