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CR.MA/14491/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14491 of 2007
==========================================
UTTAMKUMAR
KALE - Applicant(s)
Versus
VISHAL
EXPORT OVERSEES LIMITED & 1 - Respondent(s)
==========================================
Appearance
:
MR BHARAT
JANI for Applicant(s) : 1,
RULE SERVED BY DS
for Respondent(s) : 1,
MR AJ YAGNIK for Respondent(s) : 1,
Mr.
K. T Dave Addl. PUBLIC PROSECUTOR for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 31/07/2008
ORAL
ORDER
1. This
application under section 482 of the Code of Criminal Procedure is
preferred by the petitioner to quash and set aside the proceedings of
Criminal case No. 1011 of 2004 (old case No. 1394 of 2001) pending in
the Court of learned Metropolitan Magistrate, Court No. 13, Ahmedabad
filed by the respondent No. 1 herein .
2. The
main contention of Mr Jani learned advocate appearing for the
petitioner that in view of section 141 of the Negotiable Instruments
Act 1881 and the proviso came to be inserted by the Negotiable
Instruments Act (Amendment and Miscellaneous Provisions) Act 2002
w.e.f 6th February 2003 when a person is nominated as a
Director of a Company by virtue of his holding any office or
employment in the Central Government or State Government or a
financial Corporation owned or controlled by the Central Government
or the State Government, as the case may be, he shall not be liable
for prosecution under this Chapter.
3. There
is no dispute amongst the parties about insertion of above proviso
under section 144 of the Negotiable Instruments Act. By virtue of the
operation of the said proviso, and the petitioner having been
nominated as Director in the Board of the Company against whom the
complaint is filed, the proceedings qua the petitioner has to be
quashed.
4. Considering
the overall circumstances and in view of the insertion of proviso to
Section 141 by the Amendment Act of 2002 the impugned proceedings
qua the petitioner are hereby quashed and set aside. Rule is made
absolute to the aforesaid extent.
(Anant
S. Dave,J.)
mary//
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