DINESHCHANDRA BHAGWANDAS JARIWALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both these petitions involve identical questions on law and facts and hence, they are decided by this common judgment.

(2.) Rule. Learned Additional Public Prosecutor Ms. Bhatt appearing for respondent No.1 and learned advocate Mr. Nandish Thackar appearing for respondent No.2 waive service of notice of rule on behalf of the respective respondents. With the consent of both the sides, the matters are heard today finally.

(3.) In Special Criminal Application No.8577 of 2019, the petitioners, original accused Nos.1 & 2, have challenged the order dated 27.08.2019 passed by the Court of learned Additional Chief Judicial Magistrate, Surat in Criminal Case No.54043 of 2015 below application Exhibit-70 whereby, the said application preferred by the petitioners seeking stay of the trial for a period of 180 days on the ground of the Company being under moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the "IBC") came to be rejected.