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2017 Supreme(Guj) 624

B.N.KARIA
Navin Kohli – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant :Anshin H. Desai, Senior Advocate and Neel N. Shah, Advocate
For the Respondent: K.P. Raval, APP

JUDGMENT :

B.N. Karia, J.

1. The present application is filed by the applicant-accused No. 1 under Section 482 of the Code of Criminal Procedure, 1973 {"Cr.P.C." for brevity} for quashing and setting aside the complaint, being Criminal Case No. 5656 of 2007 filed before the court of learned Chief Judicial Magistrate, Jamnagar for the offence punishable under Sections 193, 196, 200, 471 read with section 34, 114 and 120B of the Indian Penal Code and order dated 30.07.2007 issuing summons as well as other consequential proceedings arising therefrom, qua the present applicant.

2. The facts leading to filing of the present application are as under;

"2.1 That, the original accused No. 2 (respondent No. 3) had given a power of attorney on behalf of a Company named Navin Projects Limited in favour of the accused No. 3 (respondent No. 4) to contest a summary suit, being Summary Suit No. 21 of 2002. That, a Vakalatnama thereof was also signed by the respondent No. 4 and he had given some applications in the said suit. That, no application for leave to defend was filed by the respondent No. 4 under the power held from the respondent No. 3. That, at this juncture, the applicant, who is the Managi






























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