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SCR.A/1079/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1079 of 2008
=========================================================
SHIVSHANKAR
PANNALAL GUPTA - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
PP MAJMUDAR for
Applicant(s) : 1,
PUBLIC PROSECUTOR for Respondent(s) : 1,
None
for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 20/06/2008
ORAL
ORDER
Heard
Mr. PP Majmudar learned advocate for the petitioner.
It
is submitted that in connection with the loan given in favour of the
original accused No. 2, the petitioner herein has stood as a
guarantor. It is submitted that in connection with the recovery of
the said amount, the Bank has initiated proceedings under the civil
law by way of a Lavad Suit, which has resulted into an award dated
17th June 2007. It is submitted that instead of availing
of the civil remedy by way of execution proceedings, the complainant
Bank has sought to pressurize the petitioner, for recovery of the
said amount by filing the complaint in question.
Considering
the submissions advanced by the learned advocate for the petitioner,
issue Notice returnable on 14th July, 2008. By way of
ad-interim relief, further investigation pursuant to the criminal
complaint registered vide Borsad Police Station, M. Case No. 1 of
2007 is hereby stayed.
Mrs.
M.L. Shah learned Additional Public Prosecutor waives service of
notice on behalf of the respondent No. 1- State of Gujarat. Direct
service is permitted qua respondent No. 2.
(HARSHA
DEVANI,J.)
Suresh*
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