Gujarat High Court Case Information System
Print
CR.MA/8886/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8886 of 2010
=========================================
SHRADDHA
OVERSEAS PVT LTD & 2 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================
Appearance :
MR
DHAVAL M BAROT for
Applicant(s) : 1 - 3.
MR MR MENGDEY, APP for Respondent(s) : 1,
MR
LR PATHAN for Respondent(s) :
2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 09/12/2010
ORAL
ORDER
1. The
present application has been preferred by the applicants-original
accused of Criminal Case No. 2143/2009 to quash and set aside the
said Complaint, which has been filed by respondent no. 2 against the
applicants for the offence punishable under Section 138 of the
Negotiable Instruments Act.
2. After
making some submission, Shri Barot, learned advocate appearing on
behalf of the applicants does not press the present application qua
the prayer to quash and set aside the impugned Criminal
Case/Complaint, however, has requested to consider the case of
applicant no. 3-original accused no. 3 for permanent exemption from
appearing before the learned Magistrate on each and every date of
hearing of the aforesaid Complaint. However, he has submitted that
she will remain present as and when required by the learned
Magistrate for the purpose of recording of the plea etc. and she will
be appearing through the advocate.
3. Shri
L..R. Pathan, learned advocate appearing on behalf of respondent no.
2-original complainant has no objection if suitable observation is
made that as and when required for the proceedings of the aforesaid
Criminal Complaint, inclusive of recording of the plea, applicant no.
3-original accused no. 3 shall remain present and she shall be
represented through a lawyer in the criminal case, and,therefore, he
has no objection if applicant no. 3-original accused no. 3, being a
lady, is granted permanent exemption.
4. In view
of the above, the present application is dismissed as not pressed.
So far as the prayer of the applicants to quash and set aside the
impugned Complaint, being Criminal Case No. 2143/2009 pending in the
Court of learned Metropolitan Magistrate, Court No. 7, Ahmedabad is
concerned, considering the request made by Shri Barot, learned
advocate appearing on behalf of the applicants, applicant no.
3-original accused no. 3 is granted permanent exemption to appear
before the concerned learned Magistrate on each and every date of
hearing of the Criminal Case on condition that applicant no. 3 shall
appear before the learned Magistrate through the advocate and shall
appear before the Court as and when required by the learned
Magistrate for the purpose of hearing of the aforesaid Criminal Case
i.e. for the purpose of recording of the plea etc. she shall make
herself available and on that ground there shall not be any delay in
proceeding further with the criminal case.
5. With
this, the present application is disposed of with the above
direction.
Direct
service is permitted.
(M.R.
SHAH, J.)
siji
Top