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CR.MA/2844/2010 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2844 of 2010
======================================
SAFFRONI
CONSTRUCTION PVT.LTD. & 2 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
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Appearance :
MR
VM PANCHOLI for Applicants
Mr.
L.R. Poojari, Additional Public Prosecutor, for respondent
No.1
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 25/03/2010
ORAL
ORDER
Heard
learned advocate for the applicants and learned APP.
The
learned advocate for the applicants submits that a grievance is made
in the complaint about a cheque having been returned with an
endorsement ‘insufficient fund’ was drawn from the account of M/s.
D.S. Construction Company, admittedly, a proprietary concern, and
signed by Shri Satishkumar Vinodchandra Shah and, therefore, the
applicants have no vicarious liability. Besides, the powers have
been exercised by the learned Magistrate to condone the delay without
hearing the applicants.
Issue
notice returnable on 21.4.2010.
Ad-interim
relief in terms of paragraph 6(D).
Learned
APP waives service of notice on behalf of respondent No.1.
Direct
service is permitted.
(ANANT
S. DAVE, J.)
(swamy)
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