JERAMBHAI BADABHAI CHAUDHARY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure, 1973 is preferred by the petitioner -original accused for quashing and setting aside the order dated 03.09.1997 issuing process against the present petitioner by the Learned Learned Judicial Magistrate, First Class, Mandavi in Criminal Case No.577/1997.

(2.) THE short facts leading to the filing of the present petition are that the respondent no.2 -original complainant had been appointed as Assistant Lecturer on 05.09.1983 with the Priyadarshini Fine Arts College and, thereafter, he was promoted as Assistant Lecturer on 17.11.1992, however, since the State Government had not approved the said promotion, recovery had been effected by the State Government, against which, the petitioner had filed Special Civil Application No.8616/1992 before this Court and, thereafter, after a period of six years, the respondent no.2 -original complainant had directly filed a complaint against the present petitioner in the Court of Learned Learned Judicial Magistrate, First Class, Mandavi under Sections 188, 406 and 408 of the Indian Penal Code on 03.09.1996, wherein the Learned Magistrate, Mandavi, after recording the statement, issued process against the present petitioner on 12.09.1997.

(3.) BEING aggrieved and dissatisfied with the aforesaid order dated 12.09.1997 issuing process, the present petition is filed.