VIKRAMBHAI RASIKLAL SHAH Vs. MAZDA AGENCIES

JUDGEMENT

(1.) Rule. Mr.R.R.Shah, learned Advocate waives service of rule on behalf of respondent No.1. Mr.M.R.Mengdey, learned APP waives service of rule on behalf of respondent No.2.

(2.) Present application has been filed by the original accused No.2 under Section 482 of the Criminal Procedure Code to quash and set aside the complaint being Criminal case No. 6074 of 2004 pending in the Court of the learned Chief Judicial Magistrate, Vadodara.

(3.) The brief facts of the case are that the petitioner was Director of the two companies viz. Printpack Industries Limited (for short 'PIL') and Gujarat Printpack Industries Limited (for short 'GPIL'). On 16.01.2003, the petitioner entered into an MOU with the other shareholders of the Company. As per the said MOU it was agreed between the petitioner and other shareholders that the petitioner shall not take any part in the management of the said Company. According to the petitioner, prior to the execution of the said MOU in the year 2002, the petitioner and his family members had transferred their shares of PIL, in favour of one of the Directors of the Company who later on took over the management of the Company as agreed under the aforesaid MOU. In pursuance to the aforesaid MOU, the petitioner resigned as Director from the said Company on 17.01.2003.