PURAV ATULBHAI SHAH Applicant(s) Versus STATE OF GUJARAT & 1 Respondent(s) ========================================= Appearance :
MR KJ SHETHNA SR. ADV. with MR CB UPADHYAYA for Applicant(s) : 1, PUBLIC PROSECUTOR for Respondent(s) : 1, MR ADIL MEHTA for Respondent(s) : 2, ========================================= CORAM : HONOURABLE MR.JUSTICE ANANT S. DAVE Date : 11/04/2012 ORAL ORDER Heard learned advocate for the applicant. The decision relied on by learned senior advocate for the applicant in the case of Ravindra Kumar Madhanlal Goenka & Anr. v. M/s. Rugmini Ram Raghav Spinners P. Ltd., [2009 CRI. L.J. 2852] was in the factual backdrop of the case that full payment was made by the party but the goods were not dispatched and in the case of M.V. Majmudar v. State of Gujarat [2011 (0) GLHELHC 226376] where in view of premediated conspiracy consignment was delivered to consignee without being presented bill of lading and thus criminal breach of trust was committed.
None of the above cases and law laid down prima facie apply in CR.MA/2787/2012 2/2 ORDER this case where the applicant who is broker in each of the case had no earlier privity of any agreement or contract with the complainant.
Rule. Learned APP, waives service of rule on behalf of respondent No.1 and Mr. Adil Mehta, learned advocate, for respondent No.2.
Interim relief granted earlier to continue qua the applicant only till final disposal of the applications in each of the case.
[ANANT S. DAVE, J.] //smita//