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CR.MA/5220/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5220 of 2011
=========================================
RAMESHBHAI
KANTIBHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================
Appearance :
MR
JV JAPEE for
Applicant(s) : 1,
MR LR POOJARI, ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 28/04/2011
ORAL
ORDER
1. It
is submitted by Mr.Japee, learned Advocate that complaint is lodged
against present applicant for misappropriation of funds when he was
Secretary in Mali Dudh Utpadak Sahakari Mandali – respondent no.3. It
is submitted by Mr.Japee, learned Advocate that the matter is settled
between the applicant and respondent no.3, as the applicant has
resigned as Secretary of respondent no.3, since long back in the year
2006 and the applicant has already deposited alleged misappropriation
funds along with interest with respondent no.3. It is submitted by
Mr.Japee, that resolution is passed by respondent no.3 for
compounding the offence and respondent no.3 has no grievance if
criminal proceedings are quashed. Affidavit to that effect is also
placed, which is directed to be taken on record.
2. In
view of above, Notice returnable on 06.05.2011.
Mr.L.R.Poojari, learned APP waives service of notice on behalf of
respondent no.1 – State. Ms.Gayatri Jadeja, learned Advocate
waives service of notice on behalf of respondent no.3. Direct service
is permitted.
[M.D.Shah,
J.]
satish
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