M V SATYAPRASAD vs STATE OF GUJARAT & 1

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

GUJARAT HIGH COURT
SONIA GOKANI, J
M V SATYAPRASAD – Appellant
Versus
STATE OF GUJARAT & 1 – Respondent

Advocates:
For the Appellants/Petitioners: MR PM THAKKAR, MR.RAVINDRA SHAH
For the Respondents: MR AMIT N PATEL, MS CM SHAH

Table of Content
1. quashment of complaint regarding environmental laws. (Para 1 , 2)
2. court's analysis of allegations and statutory provisions. (Para 3)
3. arguments presented by both parties concerning liability and role of petitioner. (Para 4 , 5)
4. established principles of vicarious liability and personal responsibility. (Para 6)
5. final decision to quash proceedings against petitioner. (Para 7)

JUDGEMENT

1. By way of present petition under Article 226 of the Constitution of India read with section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code'), the petitioner has prayed for quashment of the complaint being Criminal Complaint No.325 of 2006, filed on April 17, 2006 by the respondent No.2original complainant against the petitioner in the Court of the learned Judicial Magistrate, First Class, Mundra, District Kutch.

2. The brief facts leading to filing of the present petition are as under :

2.1 The petitioner was working as Deputy General Manager with ICICI Bank Ltd. as a full time employee. A company, namely, Jindal Saw Ltd., obtained certain credit facilities from the ICICI Bank Ltd. and Facility Agreements were entered into between

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GUJARAT HIGH COURTSONIA GOKANI, JM V SATYAPRASAD – AppellantVersusSTATE OF GUJARAT & 1 – Respondent

GUJARAT HIGH COURT
SONIA GOKANI, J
M V SATYAPRASAD – Appellant
Versus
STATE OF GUJARAT & 1 – Respondent