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CR.MA/5215/2011 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5215 of 2011
=========================================================
JAI
KARSANBHAI UKANI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
AR GUPTA for
Applicant(s) : 1,
MR LR PUJARI, ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 10/05/2011
ORAL
ORDER
Heard
learned advocate Mr.A.R.Gupta for the petitioner. It is submitted by
him that without joining the company the present respondent
complainant lodged complaint only against the present petitioner,
director of the company and so complaint is not tenable under the
provisions of the Negotiable Instruments Act. It is submitted by
learned advocate for the petitioner that the matter is pending before
the Larger Bench of the Hon’ble Apex Court for considering the point
whether without joining the company the director can be prosecuted
or not.
Notice
returnable on 27.6.2011. Learned APP Mr.L.R.Pujari waives service
of notice on behalf of respondent No.1-State. Interim relief in terms
of para 15(b) is granted. Direct service is permitted.
(M
D SHAH, J.)
syed/
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