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CR.MA/2900/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2900 of 2010
=========================================================
RADHAKRISHNA
SHIPPING PVT.LTD. & 2 - Applicant(s)
Versus
RATAN
ENTERPRISE PROPRIETORY FIRM & 1 - Respondent(s)
=========================================================
Appearance :
MR
NALIN K THAKKER for
Applicant(s) : 1 - 3.
None for Respondent(s) : 1,
Mr L R
Pujari, Addl. PUBLIC PROSECUTOR for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 30/03/2010
ORAL
ORDER
1. Heard
Mr Nalin K Thakker, learned Advocate for the petitioner.
2. It
is submitted that the petitioner is working as customs house
clearing agent for the importers of timber and the transaction is
purely of civil and commercial nature and even if any dispute is
there, remedy of civil nature can be availed and therefore, the
impugned complaint is nothing but a step or measure to convert the
civil disputes into criminal litigation and the learned Magistrate
has erred in exercising powers by directing the Investigating
Authority to register the complaint and to carry out investigation
under section 156 (3) of the Code of Criminal Procedure, 1973.
3. Considering
the above, prima facie, the nature of transaction is
commercial and even if any dispute is there, remedy of civil
nature is available and for recovery of financial dues, if any,
invocation of provisions of sections 406 and 420 of Indian Penal
Code is irrelevant and without any substance.
4. Considering
the above,
RULE.
Ad-interim relief in terms of para 7 (B) till final disposal of the
matter. NOTICE as to interim relief returnable on 29th April, 2010.
Direct Service is permitted.
[ANANT
S. DAVE, J.]
msp
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