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2019 Supreme(SC) 337

N.V.RAMANA, MOHAN M.SHANTANAGOUDAR
Satishchandra Ratanlal Shah – Appellant
Versus
State of Gujarat – Respondent


JUDGMENT :

N.V. Ramana, J.

Leave granted.

2. The present appeal is preferred against the impugned judgment, dated 12.04.2018, passed by the High Court of Gujarat, in Criminal Miscellaneous Application No. 4033 of 2012, wherein the High Court has dismissed appellant's application seeking quashing of the order framing the charges dated 04.12.2013 by the Additional Chief Metropolitan Magistrate in Criminal Case No. 388 of 2012.

3. It is pertinent to note the facts giving rise to the appeal in a detailed manner. The respondent no. 2-complainant is the director of a money lending company by the name of Dharshan Fiscal Pvt. Ltd. The appellant, who is a retired bank employee, approached the complainant's company in the month of January 2008 for a loan of Rs. 27,00,000/-. Accordingly, the respondent no. 2 transferred the funds as a loan, which was to be repaid by the appellant within a year with interest. Thereafter, the appellant has not repaid the amount back to the respondent no. 2. Further, respondent no. 2 alleged that when he approached the appellant, he was threatened by the appellant with dire consequences. Thereafter, the respondent no. 2 filed a complaint based on which the FIR beari
















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