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2019 Supreme(Guj) 583

A.S.SUPEHIA
Prashantbhai Maneklal Mehta – Appellant
Versus
State Of Gujarat – Respondent


Advocates Appeared:
For the Appellant :Mr. R.D. Dave, Advocate With Mr. JAY S. Shah.
For the Respondent:Mr. Neel Dave, Advocate For Mr. Pratik B. Barot, Mr. Hardik Soni.

JUDGMENT :

1. As both these applications arise out of the same F.I.R., the same are decided analogously.

2. Rule. Learned APP waives service of rule for the respondent-State.

3. The present applications have been filed seeking quashing of FIR registered at Harij Police Station, District Patan being C.R. No.I-90 of 2015 for the offences punishable under Sections 406, 420, 507 and 114 of the Indian Penal Code, 1860 ('the IPC' for short).

4. The brief facts of the case leading to filing of Criminal Misc. Application No.19544 of 2015 are as under :-

4.1. The applicant is the owner/director of Jai Jalaram Ginning Factory, which is supplying cotton and cottonseeds, and respondent no.2 was partner. The Jai Jalaram Ginning Factory used to supply cotton to Rushi Cotex Private Limited for sale in market. The supply continued from 2008-09 to 2011-12. The account of Jai Jalaram Ginning Factory has been settled and paid when the payment of Rs.50,00,000/- were made by RTGS transaction on 22.06.2013.

4.2. There was three directors namely Shailesh Narendrabhai Pandya (accused no.3), Prakash Maneklal Mehta (present petitioner) and Meenaben J. Soni-wife of accused no.2 in the Rushi Cotex Private Limited,

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