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2024 Supreme(Online)(GUJ) 9678

HIGH COURT OF GUJARAT
DIVYESH A. JOSHI, J
SHREE RAM CORPORATION PARTNERSHIP FIRM – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
For the Appellants/Petitioners: MR NK MAJMUDAR
For the Respondents: MR HARDIK A DAVE, PUBLIC PROSECUTOR

Table of Content
1. applicants seek to quash trial court's interim compensation order. (Para 2 , 3)
2. arguments presented regarding the applicability of section 143a. (Para 4 , 5 , 6)
3. court's analysis of the prospective nature of section 143a. (Para 8 , 9 , 10)
4. trial court failed to provide reasons for interim compensation. (Para 11)
5. impugned orders quashed; application allowed. (Para 12)

ORAL ORDER

1. Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent-State and learned advocate Mr. Hardik Dave waives service of notice of rule for and on behalf of the original complainant.

2. By this application under section 482 of the Code of Criminal Procedure,1973, the applicants seek to invoke the inherent powers of this Court praying for quashing of the order dated 22.10.2018, by which the applicants have been directed to deposit 20% of the cheque amount as well as the order 20.12.2018 declining to extend the time to deposit the aforesaid amount, both passed by the learned 6th Addl. Senior Civil Judge & Addl. Chief Judicial Magistrate, Surat.

3. Learned advocate Mr. Riyaz R. Parmar for learned advocate Mr.N.K. Majmudar appearing for th

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