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1985 Supreme(Guj) 212

M.B.SHAH
HARSHADBHAI C. PATEL – Appellant
Versus
INDRAVADAN P. SHAH – Respondent


Advocates Appeared: A.D.SHAH, B.A.SURTI, G.D.Bhatt, G.V.PATEL, M.J.BUDDHBHATTI

M. B. SHAH, J.

( 1 ) THIS revision application is filed by the complainant for quashing and setting aside the order passed by the Chief Judicial Magistrate Himatnagar directing investigation under sec. 156 of the Criminal Procedure Code by the P. S. I. Himatnagar instead of issuing process.

( 2 ) THE complainant is the Group Branch Manager of Himatnagar Branch of the firm named Laxmichand Bhagaji which carries on business of advancing loans on hire-purchase agreements etc. At the relevant time i. e. in the years 1932-83 and 1983-84 the accused was working as a Group Branch Manager at Himatnagar. It is the allegation of the complainant that the accused taking some benefit committed criminal breach of trust by advancing a loan of Rs. 12 lacs to M/s. Govind Jeku and Co. at 15% instead of advancing it at the interest rate of 18% by taking undue advantage of his position by submitting a false report to the Head office a loan of Rs. 2 50 0 was given to the firm M/s. Krishna Metal Works; in 1983 there was one Incentive Scheme and after recovering the incentive commission dishonestly the deposit amount was refunded; a false entry is made in the books of account showing that Rs. 25 0 were pa









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