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2025 Supreme(Online)(Guj) 8015

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. C. DOSHI, J
MANOJ @ MIKE AMBALAL SHAH – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
For the Appellants/Petitioners: MR DEEP D VYAS
For the Respondents: MR SAURABH M PATEL, CHINTAN DAVE, PUBLIC PROSECUTOR

Table of Content
1. quashing of complaint based on non-involvement in management. (Para 1 , 2 , 3)
2. court's observations on the status of directors and their liability. (Para 4 , 5)

ORAL ORDER

1. Heard, learned advocate Mr. Deep D. Vyas appearing for petitioner, learned advocate Mr. Saurabh M. Patel appearing for respondent No.2 and learned Addl. Public Prosecutor Mr.

Chintan Dave for State.

2. Following relief is prayed in the petition.

“A. Be pleased to quash and set aside the proceedings of Criminal Case No.6267 of 2002, pending in the Court of Chief Judicial Magistrate, Surat, as also the order dated

03.08.2022, so far as the petitioner is concerned.

B. Pending admission hearing and final disposal of this petition, be pleased to stay further proceedings of Criminal Case No.6267 of 2002, so far as the petitioner is concerned, pending in the Court of Chief Judicial Magistrate, Surat.”

3. Brief facts of the case are that, Surat Nagrik Sahakari Bank Limited and Nainesh Arvindbhai Chitaniya filed private complaint under Sections 138 and 141 of the Negotiable Instrument Act, against Home Trade Limited company and its executive directors for dishonor of cheque No.984290 and cheque No.984291 f

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