SHRI PARESHBHAI AMRUTLAL PATEL Vs. STATE OF GUJARAT
SUPREME COURT OF INDIA
Shri Pareshbhai Amrutlal Patel
STATE OF GUJARAT
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HEMANT GUPTA,J. -
(1.)The present appeal is directed against an order passed by the High Court of Gujarat on 11th December, 2017 whereby the petition for
quashing of FIR No. 3 of 2007 registered at PS Mehsana for offence
punishable under Sections 420, 406, 419, 467, 468, 379, 465, 475,
120-B and 114 of the Indian Penal Code, 1860 [for short, 'IPC'] was dismissed.
(2.)The appellants had filed a complaint for an offence under Section 138 of the Negotiable Instrument Act, 1881 [for short, 'NI Act'] alleging that cheque No. 567889 dated 1st March, 2005 in the sum of Rs.4,50,000/- was
issued by respondent No.2, which was dishonoured on presentation
with the remarks that the account closed on 28 th May, 2005. A
complaint bearing private criminal case No. 33537 of 2006 was
filed by appellant No.2 in the Court of Judicial Magistrate, Surat on
26th July, 2005.
(3.)It is thereafter, the complainant (respondent No. 2) filed a complaint against the appellants for offences under Sections 420,
406, 419, 467, 468, 379, 465, 475, 120-B and 114 of IPC bearing Criminal Case No. 9490 of 2008 on 17th October, 2007. The
learned Magistrate forwarded the said complaint to the Police in
terms of Section 156(3) of the Code of Criminal Procedure, 1973 [for short, 'Code'].
FIR No. 3 of 2007, as mentioned above, was lodged on the basis of
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