JAYESH R MORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) "The present application is filed by the applicant praying that, "YOUR LORDSHIPS be pleased to call for the record and proceedings of F.I.R. Being C.R.No.I 0038 of 2002 registered with Khambhat Police Station, Anand and after perusing the same be pleased to quash the impugned F.I.R. so far it relates to the petitioner, in the interest of justice;" This application was affirmed on 27.11.2003 and was filed on 16.12.2003. On 19.12.2003, this Court (Coram: Akshay H.Mehta, J.) passed the following order: "Rule returnable on 29th January, 2004. Mr.K.T.Dave, learned A.P.P. waives service of rule on behalf of respondent no.1 " State. Interim relief in terms of para 7 (B) till then." Thereafter, the matter is adjourned from time to time.

(2.) Today when the matter is called out for hearing, learned advocate Mr.Navin K.Pahwa, appearing for the applicant pointed out relevant facts that the F.I.R., viz. C.R.No.I 0038 of 2002 is registered on a complaint filed by the Registrar of Companies (R.O.C., for short) on 05.05.2002; that it is stated in the F.I.R. that the offence had taken place on 05.03.1992 and thereafter. The learned advocate for the applicant submitted that earlier, a Criminal Case No.596 of 1993 was filed in the Court of Additional Chief Metropolitan Magistrate, Ahmedabad wherein, the R.O.C., Gujarat had filed a pursis dated 28.04.1995 stating that:

(3.) The learned advocate for the applicant also invited the attention of the Court to an order passed by the Chairman of Securities And Exchange Board of India (SEBI) dated 28.02.2001 relevant part of which reads as under: