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CR.MA/8185/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8185 of 2008
=========================================
GHANSHYAMDAS
PAMANDAS GUDVANI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================
Appearance :
MR
MAKBUL I MANSURI for Applicant(s) : 1,
PUBLIC
PROSECUTOR for Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================
CORAM
:
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 26/06/2008
ORAL
ORDER
1. Heard
Mr. M.T. M. Hakim, learned advocate with Mr. M.I. Mansuri, learned
advocate for the petitioner.
2. The
learned advocate for the petitioner has drawn the attention of the
Court to the report dated 26th December, 2007 made by the
Police Sub Inspector, Mehsana city Police Station, pursuant to a
complaint lodged by the petitioner, wherein the police authorities
have found that prima facie the offence punishable under section 406
of the Indian Penal Code was made out against the respondent No.2 ?
original complainant. It is also stated therein that the respondent
No.2 had committed criminal breach of trust by misusing the ATM card
as well as cheques entrusted to him by the petitioner. It is
submitted that it is these very cheques which were entrusted to the
respondent No.2 by the petitioner for the purpose of his business
which have been misused by the respondent No.2 and which form the
basis of the complaint under section 138 of the Negotiable
Instruments Act.
3. Considering
the submissions advanced by the learned advocate for the petitioner,
issue Notice returnable on 31st July, 2008. By way of ad
interim relief, further proceedings of Criminal Case No.157 of 2008
pending in the Court of the learned Metropolitan Magistrate, Court
No.17, Ahmedabad, are hereby stayed.
4. Mrs.
M.L. Shah, learned Additional Public Prosecutor waives service of
notice on behalf of respondent No.1 ? State of Gujarat.
(HARSHA
DEVANI, J.)
shekhar/-
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