ARVIND MILLS LIMITED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. A.D. Oza, learned Additional Public Prosecutor, waives service on bahalf of the State in all the matters. Mr. S.V. Raju waives service on behalf of the respondent-original complainant in Special Criminal Applications No.433, 560 and 570 of 2001. Mr. Sandeep Singhi for M/s Singhi and Co. waives service on behalf of respondents No.3 to 9 in Special Criminal Application No.433 of 2001. Mr. P.K. Jani waives service on behalf of respondents No.3 to 6. in Special Criminal Application No.560 of 2001. Mr. R.J. Oza waives service on behalf of respondents No.3 to 6 and Mr. Vyapak N. Desai waives service on behalf of respondent No.7 in Special Criminal Application No.579 of 2001.

(2.) A private complaint came to be filed in the Court of learned Metropolitan Magistrate, at Ahmedabad by Commerzbank A.G., a banking company incorporated under laws of Germany, through Mr. A. Sekar on 6.6.2002 against ICICI Limited and Arvind Mills Limited along with their respective directors and officers for offences punishable under Sections 409, 421 and 424 read with Section 120-B of Indian Penal Code. Learned Metropolitan Magistrate, Court No.18, Ahmedabad, passed an order on 7.6.2001, directing registration of complaint and issuance of summons for offences punishable under Sections 409, 421 and 424 read with section 120-B of I.P.C. against the accused persons. The case was registered as Criminal Case No.964 of 2001 Aggrieved by the said lodging of complaint and the order passed thereunder, the accused persons have preferred these petitions under Article 227 of the Constitution of India.

(3.) As the petitions arise out of the same complaint and the order of the learned Metropolitan Magistrate and as common questions are involved, they have been heard together and are disposed of by this common judgment.