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1997 Supreme(Guj) 509

D.G.KARIA
Kirit Padmanabh Vyas – Appellant
Versus
STATE – Respondent


Advocates Appeared: N.D.GOHIL

D. G. KARIA, J.

( 1 ) PETITIONER Kirit Padmanabh Vyas, is the original accused in criminal case No. 5040 of 1994 on the file of the learned Chief Judicial Magistrate, Vadodara for the offences under Secs. 404, 406, 409, 416, 418, 419, 420, 463, 464, 465, 468, and 467 of IPC. The second respondent herein is the original complainant, who lodged the aforesaid complaint alleging that the accused-petitioner had represented as Director of a well known British company which was in fact not in existence and that although the accused was not the Director of Baroda Alloy Casting Limited, Baroda had given share transfer as Director of the company. The complainant also alleged that he had given certain share certificates to the accused for raising finance to the company and the accused sold away thopse share certificates and misappropriated the amount for his own personal use. It appears that the investigation was carried out on the basis of the complaint lodged against the accused person and the chargesheet came to be lodged in the Court of the learned Chief Judicial Magistrate, Baroda on 30th December, 1994.

( 2 ) BY the present petition, the petitioner-original accused has sought the procee





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