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2017 Supreme(Guj) 1040

B.N.Karia
Dashrathsinh Laxmansinh Makwana – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Applicant :Mr. Ashish M Dagli, Advocate
For the Respondent:Mr. NV Gandhi, Advocate, Mr. KP Raval, APP.

JUDGMENT :

B.N. Karia, J.

The applicant-original accused has preferred this application under Section 482 of the Code of Criminal Procedure, 1973 {"CrPC" for brevity} for quashing and setting aside the order passed in Criminal Revision Application No. 25 of 2008 and Criminal Revision Application No. 26 of 2008 dated 16.09.2008 and an order passed by the learned JMFC, below discharge application dated 17.03.2016 arising out of the complaint, being Criminal Case No. 1025 of 2005 registered with the Judicial Magistrate, First Class, Prantij for the offence punishable under Section 420 of the Indian Penal Code.

2. Brief facts of the case are that complainant belongs to village Vaghpur, Ta: Prantij, District: Sabarkantha and doing agricultural work and rendering service as a Secretary to the Vaghpur Seva Sahakari Mandali [For short 'Mandali'] and whereas, at the time of occurrence, the applicant/accused was serving as Loan Inspector with Sabarkantha District Seva Cooperative Bank Limited, Prantij Branch. Being a Loan Inspector and resident of the same village, accused used to often come at the Mandali and thereby he developed relation with the complainant. At one point of time, the complai















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