Gujarat High Court
Chirag vs State on 30 March, 2010
Gujarat High Court Case Information System
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CR.MA/2565/2010 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2565 of 2010
======================================
CHIRAG
LALITKUMAR THAKKAR & 5 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
======================================
Appearance :
MR
SS ACHARYA for Applicants
Mr.
L.R. Poojari, Additional Public Prosecutor, for respondent
No.1
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 30/03/2010
ORAL
ORDER
Learned
counsel for the applicants has submitted that the applicants have not
received even statutory notice as envisaged under the provisions of
Section 138 of the Negotiable Instruments Act, 1881, and it further
emerges from the reading of Form No.32 that the applicants and the
complainant have never entered into any contract and the cheque was
drawn from the proprietary account.
Considering
the above, issue notice returnable on 16.4.2010.
Ad-interim
relief in terms of paragraph 12.
Learned
APP waives service of notice on behalf of respondent No.1.
Direct
service is permitted.
(ANANT
S. DAVE, J.)
(swamy)
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