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CR.MA/7364/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7364 of 2007
In
CRIMINAL
APPEAL No. 924 of 2007
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JITENDRAKUMAR
GYANCHAND JAIN PROPRIETOR -MARKET-YARD, UNJHA - Applicant(s)
Versus
PATEL
AMRUTLAL PITAMBARDAS & 1 - Respondent(s)
=========================================================
Appearance
:
MR
PT JASANI for
Applicant(s) : 1,
MR MAHENDRA K PATEL for Respondent(s) : 1,
MRS
FD PATEL,ADDL.PUBLIC PROSECUTOR for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 10/07/2008
ORAL
ORDER
1. Heard
learned advocate Mr.P.T.Jasani for the applicant,learned advocate Mr.
Mahendra K. Patel for respondent No.1 and learned A.P.P. Mrs.
F.D.Patel for respondent No.2.
2. Learned
A.P.P. Mrs. F.D.Patel waives service of notice on behalf of
respondent No.2.
3. It
appears from the compilation that the main defence of the respondent
accused was that when the cheque in question was given, he was not
the partner. It appears that after filing of the complaint, two
partners out of four partners filed suit for dissolution of the firm
and account. Therefore, the question is whether on the date of
accrual of cause of action, respondent was partner in the firm or
not. Hence, leave to appeal is granted. Application stands disposed
of accordingly.
(Bankim
N. Mehta, J.)
sudhir
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