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2021 Supreme(Guj) 771

B.N.KARIA
Kesar Impex - Partnership Firm, (Thro. Petitioner No. 2&3 Are Partner) – Appellant
Versus
State Of Gujarat – Respondent


Advocates Appeared:
For The Appellant : Mr. Rushabh Shah for Mr. Hardik H.Dave & Mr. A.H.Dave
For The Respondent: MR SHAKEEL A QURESHI, Mr. H.K.Patel, APP.

JUDGMENT :

1. Rule returnable forthwith. Mr. Shakeel Qureshi, learned advocate waives service of notice of rule for and on behalf of the respondent No.2 in Special Criminal Application No. 1925 of 2017 and Mr. Rushabh Shah, learned advocate waives service of notice of rule for and on behalf of the respondents No. 1, 2 and 3 in Special Criminal Application No. 4465 of 2017.

2. By way of these applications, applicants in both these applications have approached this Court under Article 226, 14 and 227 of the Constitution of India as well as Section 482 of Cr.P.C 1973 (For short “The Code”) seeking various reliefs.

3. In Criminal Misc. Application No. 1925 of 2017, the applicants have requested to quash and set aside the order dated 8th March, 2017 passed below exh. 18 in Criminal Appeal No. 17 of 2016 by the learned 2nd (Ad-hoc) Additional District & Sessions Judge, Valsad qua depositing of 25% of the cheque amount as precondition.

4. The applicant, in Special Criminal Application No. 4465 of 2016, has requested to quash and set aside the order passed by the learned 2nd (Ad-hoc) Additional District and Sessions Judge, Valsad below exh. 18 in Criminal Appeal No. 17 of 2016 permitting the r

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