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SCR.A/774/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 774 of 2010
=============================================
RAKESHBHAI
BALVANTBHAI MEHTA - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=============================================
Appearance :
MR
YOESH LAKHANI Sr. Advocate with PRAVIN GONDALIYA for Applicant(s) :
1,
PUBLIC PROSECUTOR for Respondent(s) : 1,
MR BD KARIA for
Respondent(s) : 2,
=============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 05/05/2010
ORAL
ORDER
1. By
this petition under Articles 226 and 227 of the Constitution of India
read with Section 482 of the Code of Criminal Procedure, 1973 the
petitioner has made the following prayers :-
“(A) Admit
this Special Criminal Application.
(B) Allow
this Special Criminal Application by quashing and setting aside the
impugned FIR being CR NO.I-681/2002 registered with Naranpura Police
Station, Ahmedabad and be further pleased to quash the supplementary
charge sheet submitted against the petitioner, being charge sheet
No.367/2003 and be pleased to quash the proceedings arising out of
the same, in the interest of justice.
(C) Allow
this Special Criminal Application by quashing and setting aside the
order dated 27.6.2006 passed by the Lt. Metropolitan Magistrate,
Court NO.19, Ahmedabad below Ex.3 in Criminal Case No.1333/2003 and
be further pleased to quash and set aside the order dated 30.8.2007
passed by the Ld. City Sessions Judge and 4th Fast Track Court,
Ahmedabad in Criminal Revision Application No.338/2006, in the
interest of justice.
(D) Pending
admission hearing and till final disposal of this petition,
this Hon’ble Court be pleased to grant stay of further proceedings in
Criminal Case No.1333/2003 pending before the Ld. Metropolitan
Magistrate Court No.19, Ahmedabad, in the interest of justice.
2. Mr.Yogesh
Lakhani, learned Senior Advocate appearing with Mr.Pravin Gondaliya
for the petitioner submits that the petitioner has already paid up
the entire outstanding dues of the bank with interest and no due
certificate is issued by the bank since the account is settled by
making payment of all outstanding dues with 18% interest and even
Lavad Suit No.63/2003 filed by the bank against the petitioner came
to be withdrawn on 18.03.2004. In view of the above, it is submitted
that this petition be allowed.
3. Upon
issuance of notice, Mr.Bhargav Karia appears for the respondent-bank
and confirmed about issuance of no due certificate to the petitioner
and submits that no amount is due to respondent-bank by the
petitioner.
4. Considering
the above facts and circumstances of the case and on perusal of the
record, including no dues certificate issued by the respondent-bank
and order dated 16.06.2009 passed by this Court in Criminal Misc.
Application No.4098/09 in a similar case and in view of the decision
of the Apex Court in the case of Nikhil Merchant v. Central Bureau of
Investigation and another, [(2008)9 SCC 677], I am of the opinion
that ends of justice will be secured if the impugned complaint is
quashed and set aside by exercising powers under Section 482 of the
Code of Criminal Procedure, 1973.
5. Accordingly,
this petition is allowed. The impugned complaint is hereby quashed
and set aside. However, there shall be no order as to costs.
[Anant S. Dave,
J.]
*pvv
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