WASIMBHAI RAHEMANBHAI MEMON Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant-accused has filed this Criminal Misc. Application under Section 438 of the Criminal Procedure Code, 1973, claiming relief in terms of Para 6(A) as under:

(2.) Arguments for the applicant:- Learned advocate Mr. J.V. Japee for the applicant submitted that the accused No. 1 i.e. owner of the vehicle, has misused the Zerox copy of the cover note which was issued at the relevant point of time but it was cancelled. No loss incurred to the Insurance Company. The original cover note was cancelled in the year 2015. It is also submitted that the incident took place on 13.11.2010 and FIR is filed on 30.12.2019, almost after nine years. It is further submitted that no custodial interrogation is required. The applicant will be available during the course of investigation and will not flee from justice.

(3.) Arguments for the prosecution:- Learned APP Mr. H.K. Patel, for the respondent State submitted that looking to the facts and circumstances of the case, just and appropriate order is required to be passed.