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R/SCR.A/1374/2011
ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No 1374 of 2011
With
SPECIAL
CRIMINAL APPLICATION No 1375 of 2011
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JILL
CAMPAIGNERS LTD THRO' DIRECTOR HARSHABEN B POPAT &
4....Applicant(s)
Versus
JIVAN
COMMERCIAL CO-OPERATIVE BANK LTD THRO' MANAGER &
3....Respondent(s)
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Appearance:
MR
INDRAVADAN PARMAR as ADVOCATE for the Applicant(s) No. 1-5
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CORAM:
HONOURABLE
MR.JUSTICE M.D. SHAH
Date
: 13/06/2011
ORAL
ORDER
By
way of these petitions, the petitioners have challenged the notice
dated 28.3.2011 by which the respondent has informed the present
petitioners that if the petitioners will not make payment to the
bank, then the complaint will be lodged by the respondent bank
against the present petitioners. However, till today, neither
complaint is lodged nor offence is registered against the present
petitioners. Hence, no cause of action arises to entertain these
petitions and are required to be dismissed and accordingly summarily
dismissed.
It
is clarified that if any complaint is filed by the respondent-bank
against the present petitioners, then the petitioners are at liberty
to approach the competent Court and if the petitioners approach the
Court for quashing such complaint under Section 482 of Criminal
Procedure Code, then the same will be decided on its own merits
without being influenced by this order.
It
is also clarified that for the grievances raised in this petition,
remedy is available to approach respondents no.2,3 and 4. If the
petitioners approach respondents no.2,3 and 4, then they will decide
the matter on its own merits and without being influenced by this
order passed by this Court.
(
M.D.Shah, J )
srilatha
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