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2013 Supreme(Guj) 183

G.R.UDHWANI
Navinchandra Vishnuprasad Shah – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
Mr. D. D. Vyas, Sr. Advocate With Mr. Deep D. Vyas, Advocate for the Petitioner, Mr. Neeraj Soni, Addl. Public Prosecutor for the Respondent No.1, Mr. Dharmesh V. Shah, Advocate for the Respondent No.2.

JUDGMENT

G. R. UDHWANI, J.

1. Both these petitions are moved invoking jurisdiction of this Court under Section 482 of the Code of Criminal Procedure (for short "Cr.P.C."). The first petition is moved by one Navinchandra Vishnuprasad Shah - a guarantor with a prayer to quash the charge and the Criminal Case No.799 of 2005 pending before Metropolitan Magistrate Court No.20, Ahmedabad against the petitioner herein. The second mentioned petition is moved by one Bharatkumar Shantilal Sheth a power of attorney holder of loanees and a guardian of minor with a prayer to quash the above proceedings as also order dated 18.03.2008 passed below -application Exh.2 Annexure "H" rejecting the application moved by the petitioner for discharge. The petitioner also prays for discharge from the above criminal case.

2. A loan was obtained on 29.2.1988 for business purpose by the firm M/s. Chirag Enterprises constituting father daughter-in-law and grandson from Sahyog Co-operative Bank Limited which is now being represented by Jethabhai Khodidas Patel - the liquidator, respondent No.2 herein who has lodged (original complaint. A notice for recovery was served upon the petitioners on 14.11.1990 after a not






























































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