BIPINBHAI JIVANLAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this application, the applicants have prayed for the following reliefs :-

(2.) THE facts in brief are that one Rameshchandra Jivanlal Shah, proprietor of Zalak Enterprises had taken loan of Rs. Ten lacs on the stock of goods from respondent no. 2 ? Bank and the applicants herein stood as guarantor in the said loan amount. However, subsequently, the loanee committed defaults in making the payment of the loan amount. THErefore, respondent no. 2 Bank sealed the godown of said Zalak Enterprise. On 06.09.2002, respondent no. 2 Bank filed a complaint against the proprietor of Zalak Enterprise and others before the learned Judicial Magistrate First Class, inter alia alleging that though the respondent no. 2 Bank had sealed the godown of the Zalak Enterprise, the said Rameshchandra Shah, opened the seal of the bank and sold away the goods and thereby committed fraud of misappropriation of the amount. THE learned Magistrate ordered inquiry u/s. 156(3) of the Cr.P.C. which came to be registered as M.Case (MK) No. 23 of 2002 before the Dholka Police Station for the offences punishable u/s. 406, 420 and 114 of the IPC. On completion of the inquiry, charge sheet no. 18 of 2002 dated 24.10.2002 came to be filed in the Court of learned Judicial Magistrate, First Class, Dholka. Hence, this application.