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2004 Supreme(Guj) 415

C.K.BUCH
SITA RAM SINGHANIA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: A.D.SHAH, K.S.Nanavati, K.T.DAVE, PRABHAV A.MEHTA

C. K. BUCH, J.

( 1 ) THE petitioners of both these Revision Applications are the accused of Criminal Case Nos. 1947 and 1949 of 1995, pending in the Court of learned Judicial Magistrate, First Class (4th Court) at Vadodara. The respondent no. 2-Gujarat State Fertilizers Company Ltd. , Vadodara (hereinafter referred to as the G. S. F. C. ) is the original complainant of the aforesaid criminal cases instituted for the offence punishable under Sec. 138 of the Negotiable Instruments act, 1881 (hereinafter referred to as the N. I. Act ). A criminal complaint came to be filed against four accused persons. However, as the accused No. 3 could not be served by the original complainant, he has been deleted from the complaint vide order dated 14th October, 2003, passed by the Court below Exh. 49 submitted by the original complainant. The accused No. 4 is Esslon Synthetics ltd. and as per the say of the complainant-G. S. F. C. , the accused No. 1 was the managing Director of the said company and the accused No. 2 was the whole- time Director. After service of summons, the petitioners-accused Nos. 1 and 2 (hereinafter referred to as the accused Nos. 1 and 2) submitted one application on 12th Fe









































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