Heard Mr.Hardik Dave, learned advocate for the applicant, Mr.R.J.Goswami, learned advocate for the respondent no.2 and Mr.K.P.Raval, learned Additional Public Prosecutor for the respondent no.1-State.
Mr.Hardik Dave, learned advocate for the applicant challenged the notice Annexure-E dated 05.04.2010 in light of ration laid down by the Hon'ble Apex Court in case of K.R.Indira Vs. Dr.G.Adinarayana, reported in AIR 2003 SC 4689.
In the above view of the matter, prima-facie an arguable case is made out about the legality and validity of notice under Section 138 of the Negotiable Instrument Act. Hence, Rule returnable on 12nd March,2012.
Mr.K.P.Raval, learned Additional Public Prosecutor for the respondent-State waives service of Rule for the respondent no.1-State and Mr.R.J.Goswami, learned advocate for the respondent no.2 waives service of Rule for respondent no.2. Interim relief in terms of Para 7(c) is granted till further order.
(J.C.UPADHYAYA,J.) Girish Top