SUBIR RAJENDRASINGH BISHT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Since a common question of law and facts arise in this group of petitions, the same is decided by this common Special Criminal Application No. 8510 of 2017 is considered as a lead matter.

(2.) By way of the present petition, the petitioner has prayed for quashing and setting aside the complaint being Criminal Case No. 22509 of 2011 along with the summons, issued by the Chief Judicial Magistrate, under Section 138 of the Negotiable Instrument Act, 1881 (for short "the N.I.Act"). The respondents have filed the complaint being Criminal Case No. 22509 of 2011 against the petitioner (original accused No. 5) under Section 138 of the N.I.Act before the Chief Judicial Magistrate, Surat and the Magistrate had issued summons to the petitioner on 09.06.2017 and the petitioner has received such summons after the period of 8 years.

(3.) The facts leading to the present petition are as under:-