MADHAVJI KANJIBHAI GAJERA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Revision Application is filed by the petitioner - original complainant, who filed complaint before the Court, which was registered as Criminal Inquiry No.8 of 2017 in the Court of Additional Chief Judicial Magistrate, Jetpur challenging an order dtd. 8/8/2018 below Exhibit -1 as also order dtd. 16/10/2018 below very Exhibit - 1 in said inquiry proceedings, whereby the complaint filed by the petitioner - original complainant came to be dismissed under Sec. 203 of the Code of Criminal Procedure, 1973 (for short "the Code").

(2.) Present petitioner - original complainant filed a complaint in the Court of learned Magistrate, Jetpur against one M/s Devyani Processors Private Limited, Jetpur and all its Partners and/or Directors, Administrators etc. and one Nilesh D. Vaidh, Sudhir Gokaldas Doshi, the then Branch Manager of Rajkot Nagarik Sahakari Cooperative Bank Limited, Jetpur, Chunilal Karmanbhai Thummar, Rajkot Nagrik Sahakari Cooperative Bank, Pravinsinh Amarsinh Rathod, Rajkot Nagrik Sahakari Cooperative Bank, R.P.Ajudiya, Sub Registrar, Jetpur, the then Chairman of Rajkot Nagrik Cooperative Bank as also General Managar and any other persons, who are found to be guilty during the course of Police Inquiry.

(3.) Mr. N.K.Majmudar, learned advocate for the petitioner - complainant submitted that he has produced his objection to the report submitted by the Police pursuant to an inquiry directed under Sec. 202 of "the Code" as also he has filed his written representation vide Exhibits -16, 17 & 18 on different dates. Therefore, he has submitted that there was an ample material before the Court, based on which, the Court was supposed to take the cognizance. Thus, as submitted by the learned advocate for the petitioner, it was incumbent upon the learned Magistrate to issue process instead of dismissing the complaint.