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2022 Supreme(Guj) 1832

SAMIR J. DAVE
H. V. Synthetic Pvt. Ltd. – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Applicant : Mr. H.B. Champavat.
For the Respondents: Mr. B.C. Dave, Ms. M.H. Bhatt, APP.

JUDGMENT :

1. By way of present application, applicants have requested to quash and set aside condition no. IV imposed by the learned Additional Sessions Judge, Court No. 10, City Sessions Court, Ahmedabad in Criminal Appeal No. 159 of 2021 vide order dated 16th July 2022, whereby the applicants are directed to deposit 20% of the cheque amount in addition to the 20% already deposited earlier deposited by the appellants as per the order dated 09.09.2021 passed by learned Sessions Court.

2. Brief facts of the present case are as under:

2.1 That the Resp. no.2 - complainant is the proprietor of Nirupama Enterprise and is doing business of waste firewood, colour chemicals and clothes. Applicant No.1 is doing its business of textiles processing i.e. colour work of clothes and other processes on clothes. That, applicants No.2 to 4 are the Directors of applicant No.1. That, the applicants purchased the goods i.e. waste firewood, colour chemicals and clothes from the complainant. That the said goods were supplied by the complainant on a credit basis and in lieu of that a cheque of Rs.8,32,662/- bearing No.648474, dtd.19.08.2016 drawn on Central Bank of India was given by the applicants to the

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