JUDGMENT :

1. Heard learned Senior Advocate Shri B.B. Naik with learned Advocate Shri Vijay Patel on behalf of the applicant, learned Additional Solicitor General Shri Devang Vyas on behalf of respondent no.1 and learned Additional Public Prosecutor Ms. Maithili D. Mehta on behalf of the respondent no.2-State.

2. By way of this application, the applicant prays for following relief:

“8. (A) That this Hon’ble Court may be pleased to quash and set aside the order dated 30.01.2013 passed by the learned Additional Chief Metropolitan Magistrate, Ahmedabad in the order below Exh. 4 in Criminal Case No.325 of 2002 and be further pleased to allow application at Exh. 4 praying for discharge filed by the petitioner.

(B) That pending hearing and final disposal of this petition, this Hon’ble Court may be pleased to stay further proceedings of Criminal Case No.325 of 2002 insofar as it concerns the petitioner.

3. Facts in brief leading to filing of the present application are stated as hereunder:

A company named Shri Makalaxmi Agricultural Developments Ltd. ( hereinafter referred to as the “company”) was incorporated under the provisions of the Companies Act, 1956 on 25.02.1993 and whereas the present