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CR.MA/11130/2007 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11130 of 2007
=========================================================
SHAKAR
ELECTICS - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
ASHOK N PARMAR for
Applicant(s) : 1,
MR MG NANAVATI ADDL PUBLIC PROSECUTOR for
Respondent(s) : 1,
RULE SERVED BY DS for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 04/08/2010
ORAL
ORDER
Petitioner
is original accused No.4 in the complaint (Annexure-A) being
C.R.No.I-948 of 2002 dated 19th December 2002 lodged with
Navrangpura Police Station filed by the respondent No.2 herein. In
the complaint, it is alleged inter alia that the accused No.1 Rakesh
Hasmukhlal Brahmbhatt had obtained loan of Rs.60,000/- from the
complainant bank for the purpose of computer and related items.
However, said loan application was supported by the documents which
were not genuine. Present petitioner is shown as a person who had
supplied such documents to the original borrower. Other two accused
who were bank employees at the relevant point of time. Counsel for
the petitioner pointed out that this Court by order dated 08.10.2004
passed in Criminal Misc. Application No.8505 of 2004 was pleased to
quash the complaint qua original accused No.1 primarily on the ground
that the entire loan amount has been repaid and bank was also not
interested in pursuing the case against the said accused.
I
am of the opinion that the complaint against the present petitioner
also should be quashed for the following reasons.
The
complaint was lodged way back in the year 2002. No meaningful
progress has been made since then.
Against
the main accused, the complaint came to be quashed in the year 2004
on the ground that he has repaid the entire amount with interest and
the bank is, therefore, not keen of proceeding further.
Petitioner
was not the person who had received the loan in the first place.
Though
served, nobody is present for the bank indicating that the bank is
not serious about the complaint.
In
the facts and circumstances of the case, the complaint (Annexure-A)
being C.R.No.I-948 of 2002 dated 19th December 2002 lodged
with Navrangpura Police Station is, therefore, quashed qua the
present petition also.
Rule
is made absolute to that extent indicated.
(
AKIL KURESHI, J. )
kailash
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