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SCR.A/479/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 479 of 2010
=========================================================
DAHYABHAI
NAYNANI & 1 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance :
MR
TARAK DAMANI for Applicant(s) : 1 - 2.
MS MANISHA LAVKUMAR SHAH,
APP for Respondent(s) : 1,
MR DR BHATT for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 14/07/2010
ORAL
ORDER
Petitioners
are accused Nos.3 and 4 in complaint at Annexure-A bearing
C.R.No.911/2001 pending before the Court of Metropolitan Magistrate,
Ahmedabad. The complaint pertains to cheque bouncing issued in the
name of one Shivamba Textile Pvt. Ltd.
It
is the case of the petitioners that said Company changed his name
from Shivamba Textile Pvt. Ltd. to Shiv Amba Globes Pvt. Ltd. which
is recorded in the ROC as far as back on 15.11.2000, documents in
support is produced at Annexure-B. He further pointed out that both
the petitioners have resigned from the Directorship on or around
17th April, 2001. This has also been recorded in ROC
record in Form No.32, copy of which is also produced on record.
Despite
the above position and despite the same being brought to the notice
of the learned Magistrate on account of change in the name of the
Company, petitioners were not dropped from the list of the accused.
Be
that as it may, from the documents on record, it clearly emerges
that the petitioners had resigned from the Directorship of the
concerned company long before the cheques were issued and presented
for realization and therefore they cannot be proceeded against
bouncing of such a cheque.
In
the result, complaint qua the present petitioners at Annexure-A
bearing C.R.No.911/2001 pending before the Court of Metropolitan
Magistrate, Ahmedabad is quashed. Disposed of accordingly.
(AKIL
KURESHI, J.)
(ashish)
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