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CR.MA/4507/2010 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4507 of 2010
With
CRIMINAL
MISC.APPLICATION No. 4508 of 2010
With
CRIMINAL
MISC.APPLICATION No. 4144 of 2010
=========================================================
CHHATURBHUJ
PATIDHAR - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance :
MR
ASHISH M DAGLI for
Applicant(s) : 1,
MR SHIVANG SHUKLA, ADDITIONAL PUBLIC PROSECUTOR
for Respondent(s) : 1 (IN CR.MA NO.4507/2010 & CR.MA
NO.4144/2010) AND MR KARTIK PANDYA, ADDITIONAL PUBLIC PROSECUTOR for
Respondent(s) : 1 (IN CR.MA NO.4508/2010)
None for Respondent(s)
: 2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 13/05/2010
ORAL
ORDER
In
all these cases, the complaints disclose averments about the
applicant being a Director and carrying out business of the Company,
and therefore responsible for the alleged offences under Negotiable
Instruments Act, 1881.
Learned
Advocate Mr. Ashish M. Dagli for the applicant submits that the
petitioner was not the Director and in support of the above, Search
Report / Certificate of the Chartered Accountant is produced. The
above fact is to be considered by the Court where proceedings under
the Act are pending and not by this Court. At this stage, no powers
can be exercised. However, it will be open for the applicant to
request the Court for grant of exemption from personal appearance in
accordance with law.
Under
such circumstances, the Court shall consider the issue on merits as
well as on law and decide the said applications as early as
possible.
With
the aforesaid, these applications stands disposed of at this stage.
(Anant
S. Dave, J.)
Caroline
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