Laxmikant Jajodia vs Srithai Superware Mnaufacturing ...
2023 Latest Caselaw 5978 Guj

                                                                                NEUTRAL CITATION




   R/CR.MA/14305/2023                              ORDER DATED: 17/08/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 14305 of 2023

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                   LAXMIKANT JAJODIA
                         Versus
SRITHAI SUPERWARE MNAUFACTURING PVT. LTD. THRO KETAN VALA
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Appearance:
MS HETVI H SANCHETI(5618) for the Applicant(s) No. 1,2,3,4,5
for the Respondent(s) No. 1
MR HIMANSHU K. PATEL APP for the Respondent(s) No. 2
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 CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE

                             Date : 17/08/2023

                              ORAL ORDER

1. By way of this application under Section 482 of

the Code of Criminal Procedure, 1973 (hereinafter

referred to as "the Code"), the petitioner has

prayed for quashing and setting aside the

complaint being Criminal Case No.112629 of 2022

and order dated 14.11.2022 and consequential

order of issuance of bailable warrant dated

01.05.2023 passed by learned Additional Chief

Metropolitan Magistrate, Negotiable Instrument

Court No.35 at Ahmedabad against the petitioners.

NEUTRAL CITATION

R/CR.MA/14305/2023 ORDER DATED: 17/08/2023

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2. Having heard learned advocates for the

petitioners and considering the averments made

by petitioners and having considered the view

taken by this court in the oral Judgment delivered

in Criminal Misc. Application No. 5080 of 2023,

specifically in para 8, wherein it is observed that;

"8. The inherent powers under section 482 of the Code of Criminal Procedure or the extraordinary jurisdiction under Article 226 of the Constitution of India include the powers to quash the FIR, investigation or any criminal proceedings pending before the High Court or any court subordinate to it and are of wide magnitude and ramification. In exercise of powers conferred under Article 226 of the Constitution of India read with section 482 of the Code of Criminal Procedure, exercise of inherent powers by the High Court would depend upon the facts and circumstances of each case. It is not permissible to have a straight jacket formula. No precise and inflexible guidelines can be provided. This Court does not find this to be a fit case where discretion under Section 482 of Cr.P.C. could be exercised in favour of the petitioner, as the petitioner herein has not availed the alternative remedy of appeal available to him."

NEUTRAL CITATION

R/CR.MA/14305/2023 ORDER DATED: 17/08/2023

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3. Thus considering the aforesaid situation, this

court is not inclined to accept the prayer made by

the present petitioners as the remedy is already

available to the petitioners.

4. For the foregoing reasons, the present petition

stands rejected with a liberty to approach the

appropriate Court.

(SAMIR J. DAVE,J) MISHRA AMIT V.