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SCR.A/984/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 984 of 2010
With
SPECIAL
CRIMINAL APPLICATION No. 985 of 2010
=======================================================
SONAL
BHARAT PARIKH,
THRO'
POA, ANIL DESAI - Applicant(s)
Versus
SAUMIL
B SHAH & 1 - Respondent(s)
=======================================================
Appearance :
MR
TS NANAVATI for Applicant(s) : 1,
MR VIJAY PATEL for HL PATEL
ADVOCATES for Respondent(s) : 1,
MR UA TRIVEDI APP for
Respondent(s) : 2 in SCrA No.984/2010, MR HL JANI APP for
Respondent(s) : 2 in SCrA
No.985/2010,
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CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 25/06/2010
COMMON
ORAL ORDER
Both
these applications are filed by the applicant-original complainant
for cancellation of bail granted to the respondent no.1-accused as
per the order passed below Exh.43 in Criminal Case Nos.2530/2001 and
2529/2001 respectively by the Learned 8th Additional
Senior Civil Judge & Judicial Magistrate, First Class, Ahmedabad
Rural at Mirzapur, Ahmedabad dated 05.05.2010 on the grounds set out
in the application.
The
original complainant had lodged complaint under Section 138 of the
Negotiable Instrument Act with regard to outstanding amount.
After
some submissions, both learned counsel, Mr.T.S. Nanavati for the
applicant and learned counsel, Mr.Vijay Patel for the respondent
no.1-accused have adopted positive attitude.
Learned
counsel, Mr.Vijay Patel, on instruction from his client, who is
present in the Court, has stated that the respondent no.1-accused
will pay Rs.1.00 lacs for the complaint being Criminal Case
No.2530/2001 and Rs.2.00 lacs for the complaint being Criminal Case
No.2529/2001 on or before 28th June, 2010 by demand draft
in favour of the complainant and remaining outstanding amount in both
cases i.e. Rs.1.50 lacs will be paid within one month (on or before
25th July, 2010) by demand draft in favour of one Lataben
Anilbhai Desai.
In
view of the above statement made by the learned counsel, Mr.Patel for
the respondent no.1-accused on instruction in both cases, learned
counsel, Mr.T.S. Nanavati does not press these applications. He has
also stated that he will not pursue the complaints filed under
Section 138 of the Negotiable Instrument Act and will file necessary
purshis for the disposal of both cases. Learned counsel, Mr.Patel
shall file an undertaking of the respondent no.1-accused, who is
present in the Court with regard to aforesaid statement in these
proceedings on or before 28th June, 2010, which will be
kept with the present proceedings.
Accordingly,
present applications stand disposed of. Rule is made absolute to the
aforesaid extent.
(RAJESH
H.SHUKLA, J.)
/patil
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