INDUMATI BANSILAL SHAH Vs. ANANT GIRDHARLAL SHAH
LAWS(GJH)-2005-10-37
HIGH COURT OF GUJARAT
Decided on
October 28,2005
INDUMATI BANSILAL SHAH
Appellant
VERSUS
ANANT GIRDHARLAL SHAH
Respondents
Referred Judgements :-
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ARVIND MANEKALAL TAILOR VS. STATE OF GUJARAT [REFERRED TO]
PRITI BHOJNAGARWALA VS. STATE OF GUJARAT [REFERRED TO]
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JUDGEMENT
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(1.)All these Cri. Misc. Applications are filed under Section 482 of the Code of Criminal Procedure invoking the inherent jurisdiction of this Court and praying for quashing and setting aside the Summons issued by the learned Judicial Magistrate First Class, Gandevi in Criminal Cases Nos. 185 to 190 of 2000 under Section 138 of the Negotiable Instruments Act. Since common issues are involved and arguments are commonly advanced by the learned advocate appearing for the petitioners and the learned Public Prosecutor appearing for the respondent No. 2 " State in all these matters, the same are being disposed off by this common judgment.
(2.)Cri. Misc. Application No. 9138 of 2005 is filed by the petitioners " original Accused Nos. 4,5,9 & 10 in Criminal Case No. 185 of 2000 pending in the Court of Judicial Magistrate First Class, Gandevi. The said Criminal Case was filed by Shri Anant Girdharlal Shah under Section 138 of the Negotiable Instruments Act. Likewise, Cri. Misc. Application Nos. 9151 to 9155 of 2005 are filed by the same petitioners " original accused Nos. 4,5,9 & 10 in Criminal Case Nos. 186, 187, 189, 188 & 190 of 2000 respectively pending in the Court of Judicial Magistrate First Class, Gandevi. All these petitions are hereinafter referred to as Group 1 petitions.
(3.)Cri. Misc. Application Nos. 9216 of 2005 is filed by the petitioners " original Accused Nos. 2,3,7 & 8 in Criminal Case No. 185 of 2005 pending in the Court of Judicial Magistrate First Class, Gandevi. The said Criminal Case was filed by Shri Anant Girdharlal Shah against M/s. K.M. Developers & Others.
(2.)Cri. Misc. Application No. 9138 of 2005 is filed by the petitioners " original Accused Nos. 4,5,9 & 10 in Criminal Case No. 185 of 2000 pending in the Court of Judicial Magistrate First Class, Gandevi. The said Criminal Case was filed by Shri Anant Girdharlal Shah under Section 138 of the Negotiable Instruments Act. Likewise, Cri. Misc. Application Nos. 9151 to 9155 of 2005 are filed by the same petitioners " original accused Nos. 4,5,9 & 10 in Criminal Case Nos. 186, 187, 189, 188 & 190 of 2000 respectively pending in the Court of Judicial Magistrate First Class, Gandevi. All these petitions are hereinafter referred to as Group 1 petitions.
(3.)Cri. Misc. Application Nos. 9216 of 2005 is filed by the petitioners " original Accused Nos. 2,3,7 & 8 in Criminal Case No. 185 of 2005 pending in the Court of Judicial Magistrate First Class, Gandevi. The said Criminal Case was filed by Shri Anant Girdharlal Shah against M/s. K.M. Developers & Others.
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