LAWS(BOM)-2007-6-85

FIRST CUSTODIAN FUND INDIA LIMITED Vs. NEDUNGADI BANK LIMITED

Decided On June 25, 2007
SURYA MAHAL, MANISH BANTHIA, SURENDRA KUMAR BANTHIA, SHRIKANT G.MANTRI Appellant
V/S
STATE OF KERALA, STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The petitioners in these three criminal writ petitions filed under Article 226 of the Constitution of India and under Section 482 of the Code of Criminal Procedure ("Code" for short) are the accused in the two complaints filed by respondent 1 -the Nedungadi Bank Limited in the Court of the Judicial Magistrate, First Class, Kozhikode, Kerala.

(2.) In Criminal Writ Petition No.268 of 2003, the petitioners seek quashing of C.C. No.4 of 2003. The said complaint is filed by respondent 1 against Rajendra Kumar Banthia (accused 1 therein), the First Custodians Fund (India) Limited (accused 2 therein), Manish Banthia (accused 3 therein) and Surendra Kumar Banthia (accused 4 therein). This petition is filed by the First Custodian Fund (India) Limited (accused 2), Manish Banthia (accused 3) and Surendra Kumar Banthia (accused 4).

(3.) In Criminal Writ Petition No.355 of 2003 and Criminal Writ Petition No.356 of 2003, the petitioners seek quashing of C.C. No.3 of 2003. C.C. No.3 of 2003 is filed by respondent 1 against Rajendra Kumar Banthia (accused 1 therein), Shrikant Mantri (accused 2 therein) and the Harvest Deal Securities Limited (accused 3 therein). Criminal Writ Petition No.355 of 2003 is filed by Shrikant Mantri (accused 2) and Criminal Writ Petition No.356 of 2003 is filed by the Harvest Deal Securities Limited (accused 3).