IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION No 380 of 2004
For Approval and Signature:
HON'BLE MR.JUSTICE J.R.VORA
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1. Whether Reporters of Local Papers may be allowed : YES
to see the judgements?
2. To be referred to the Reporter or not? : NO
3. Whether Their Lordships wish to see the fair copy : NO
of the judgement?
4. Whether this case involves a substantial question : NO
of law as to the interpretation of the Constitution
of India, 1950 of any Order made thereunder?
5. Whether it is to be circulated to the concerned : NO
Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals?
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NIRAV MAYURBHAI SHAH
Versus
STATE OF GUJARAT
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Appearance:
1. Criminal Misc.Application No. 380 of 2004
MR NV GANDHI for Petitioner Nos. 1-2
MR RM CHAUHAN, APP for Respondent No. 1
MR AJ SHASTRI for Respondent No. 2
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CORAM : HON’BLE MR.JUSTICE J.R.VORA
Date of decision: 29/11/2004
ORAL JUDGEMENT
1.Heard learned Counsels for the parties. Rule.
Service of Rule is waived by learned APP Mr. R.M.
Chauhan for respondent No.1 and learned Advocate Mr.
A.J. Shastri for respondent No.2. On the request of
learned advocates for the parties, the mater is being
disposed of finally.
2.According to learned Advocate Mr. N.V.Gandhi for
the applicants – original accused of FIR registered
before Maninagar Police Station vide No. I 401/2003 for
the charges under Sections 406 and 420 of the Indian
Penal Code on 24th of October, 2003, the full amount is
paid to respondent No.2 Bank. For that he has also filed
an affidavit on record, which is dated 23rd of November,
2004. Learned Advocate Mr. A.J. Shastri for respondent
No.2 for the Bank confirms the say of learned Advocate
Mr. Gandhi for the applicants and places on record a
xerox copy of a letter dated 10.11.04 addressed to Police
Inspector, Maninagar Police Station, written by General
Manager of respondent No.2 Bank, denoting that the amount
covered by the said FIR has been paid to the Bank by the
applicants and applicants are issued No Due Certificate.
3.In view of the above, by consensus of the
parties, the FIR bearing No. I-401/2003 registered at
Maninagar Police Station for the charges under Sections
406 and 420 of the IPC against the applicants is hereby
quashed and set aside. Rule is made absolute to that
extent.
(J.R. Vora, J.)
p.n.nair