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CR.MA/10419/2009 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10419 of 2009
=========================================================
CHHAGANBHAI
BIJALBHAI PARMAR & 1 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
PANKAJ K SONI for
Applicant(s) : 1 - 2.MS RAKSHA S DIKSHIT for Applicant(s) : 1 - 2.
MR
KARTIK PANDYA, APP for Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 17/02/2010
ORAL
ORDER
Petitioners
are original accused. They seek quashing of complaint Annexure A.
The complaint is for dishonour of cheque allegedly issued from their
joint account to the complainant. The petition is sought to be
sustained on various grounds such as, that there was compromise
between the parties but complainant did not return blank cheques
which were given to him and that the cheque was not for repayment of
any debt due.
However,
these are disputed questions which cannot be examined in a quashing
petition particularly when reply to the notice under Section 138 of
Negotiable Instrument Act is not even produced on record or when it
is not known whether such a reply was ever given.
Under
the circumstances, keeping all factual and legal contentions of the
petitioners open, this quashing petition is dismissed.
(Akil
Kureshi, J.)
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