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2017 Supreme(Guj) 480

B.N.KARIA
Satish Menon – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant : Maulik N. Shah.
For the Respondent: K.P. Raval.

JUDGMENT :

B.N. Karia, J.

1. The present petition is filed by the petitioner under section 482 of the Code of Criminal Procedure, 1871 ("Cr.P.C." for brevity) for quashing and setting aside the complaint, being Criminal Case No. 926/2011 pending in the court of Ld. Chief Metropolitan Magistrate (N.I. Act, Court No. 7), Ahmedabad and all further consequential proceedings arising therefrom, qua the present petitioner.

2. The facts leading to filing of the present petition are as under:

2.1 The petitioner was appointed as a Executive Director (Sales) in Corporate office of M/s. Wetell Everest Cap Solutions Pvt. Ltd. (Original accused No. 1) based at 224-225, Shreeram Tower, Kingsway, Sadar, Nagpur, on 16.04.2009. The letter of appointment, intimating the same was duly signed by Chairman-cum-Managing Director of the Company, viz. Mr. Amardeep Singh Thakur (Ori. Accused No. 4). Thereafter, the petitioner, vide letter dated 04.03.2010, tendered resignation as Executive Director (Sales), which was accepted by the Board of Directors and Company and the petitioner ceased to be a Executive Director with effect from 05.03.2010. Meanwhile, an agreement was executed between the respondent No. 2 and











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