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CR.MA/8370/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8370 of 2008
=========================================================
VANSHRAJ
RIKHAVDAS BHANSALI PARTNER-SUNSHINE MULTI FORMS & 2 -
Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance :
MR
HARSHIT S TOLIA for Applicant(s) : 1 - 3.MR PARTH
S TOLIA for Applicant(s) : 1 - 3.
PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 30/06/2008
ORAL
ORDER
1. Heard
Mr. H.S. Tolia, learned advocate for the petitioners.
2. Attention
is drawn to the compromise deed dated 16th March, 2005 as
well as various pursis submitted before the Labour Court, to point
out that it was the case of the complainant ? respondent No.2
herein that all dues as per the compromise had already been paid to
him. It is submitted that the complaint is filed on the basis of a
totally new case, wherein it is alleged that the parties had agreed
to pay in all Rs.5 lacs and that Rs.3,90,000/- are still payable. It
is submitted that assuming without admitting that any amount is due
and payable to the respondent No.2, that would be purely in the
nature of a civil dispute and no offence as alleged can be said to
have been made out.
3. Considering
the submissions advanced by the learned advocate for the petitioners
and looking to the material placed on record, issue Notice returnable
on 4th August, 2008. By way of ad interim relief, further
proceedings of the complaint being New Inquiry Case No.66 of 2006
(Old Inquiry Case No.25 of 2005), now Criminal Case No.326 of 2008
filed in the Court of the learned Metropolitan Magistrate, Ahmedabad,
are hereby stayed.
4. Mrs.
M.L. Shah learned Additional Public Prosecutor waives service of
notice on behalf of respondent No.1 ? State of Gujarat.
5. The
petitioners are permitted to take packet of writ to be served to the
concerned Court.
(HARSHA
DEVANI, J.)
shekhar/-
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