NILESH YASHWANT SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE in both these applications. Shri A.J. Shastri, learned advocate waives service of notice of Rule on behalf of respondent No.2 ? original complainant and Shri K.P. Raval, learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent No.1 ? State in each of the applications. In the facts and circumstances of the case and with the consent of the learned advocates appearing for respective parties, applications are taken up for final hearing today.

(2.) AS common question of law and facts arise and are between the same parties, both these applications are disposed of by this common judgment and order.

(3.) BOTH these applications are opposed by Shri A.J. Shastri, learned advocate appearing on behalf of the original complainant. It is submitted that as such applicant No.1 herein ? original accused No.3 was the Managing Director of accused No.1 ? Company at the relevant time. He has relied upon one document produced along with the affidavit-in-reply, to the present applications submitting that at the relevant time applicant No.1 ? original accused No.3 was the Managing Director of accused No.1 ? Company. He has also tried to rely upon certain documents produced along with the affidavit-in-reply to show that both these applicants ? original accused Nos.3 and 4 were also in day to day affairs and management of accused No.1 ? company. Therefore, it is requested to dismiss the present applications.