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SCR.A/169320/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1693 of 2008
============================================
BRIJ
KUMARI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
============================================
Appearance
:
MR ADITYA B
MEHTA for Applicant(s) : 1,
MR KT DAVE ADDL.
PUBLIC PROSECUTOR for Respondent(s) : 1,
None for Respondent(s) :
2,
============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 27/08/2008
ORAL
ORDER
1. The
complaint clearly reveals that respondent Nos. 3 to 5 (original
accused) are Directors and Guarantors of Accused No.1 -Company and at
the time of offence been committed were in- charge of the affairs of
the Company and were responsible to the Company for the business of
the Company and were taking active interest in the affairs of the
business of accused No.1-Company.
2. Learned
advocate for the petitioner submits that the aforementioned averments
are not sufficient to attract the ingredients of Section 141 of the
Negotiable Instruments Act, since they are not in-charge of the
Company, cannot be accepted at this stage.
2.1. According
to this Court, the above averments are sufficient to attract the
ingredients and any further defence can be advanced before the
concerned Court. No power can be exercised under Section 482 of the
Code of Criminal Procedure.
3. The
petition is rejected.
[ANANT
S. DAVE, J.]
//smita//
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