NILESH LALIT PAREKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The matter was called out for hearing in the first round in first sitting then in the second round and lastly in the third round in second sitting but none present for the petitioner. Perused the special criminal application and heard the learned counsel for the respondents.

(2.) The petitioner prayed for the following reliefs:

(3.) The respondent No.2-company was incorporated in the style of M/s Enarai Investment and Consultancy Service (India) Pvt. Ltd. on 13-3-1985. On 17-12-1985, the respondent No.2-company was converted into a public limited company. On 29-4-1993, the name of the respondent No.2 was changed from M/s. Enarai Investment and Consultancy Services (India) Pvt. Ltd. to Enarai Finance Ltd. and fresh certificate of incorporation was obtained. In May, 1993, the company received authorisation as category (I) Merchant Banking from SEBI. On 5-3-1998, Mrs. Pratibha Kapur, a creditor filed a company petition No.275/98 in this Court for winding up of the respondent No.2 company. On 23-5-1998, consent terms were filed in the above referred company petition. In April, 1998, the respondent No.3 filed a complaint under section 138 read with section 142 of the Negotiable Instruments Act, 1881, before the Judicial Magistrate First Class, Kheda, and process and summons were issued. Hence, this petition before this Court.