2021 (9) TMI 85

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....nder Sections 3 and 4 of the Gujarat Protection of Interest of Depositors Act, 2003. 2. Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. He further submits that the applicant will keep himself available during the course of investigation, trial also and will not flee from justice. 3. Learned advocate for the applicant on instructions states that the applicant is ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for his remand. He further submit that upon filing of such application by the Investigating Agency,....

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.... the compilation. (d) Learned advocate has also referred the complaint which is filed by the applicant against the accused No. 1 under Section 138 of the Negotiable Instruments Act, 1881, copies of the said complaints are also placed on record. (e) It is further submitted by learned advocate for the applicant that there is no past criminal antecedent reported against the applicant. (f) I have considered the allegations levelled against the applicant in the FIR in question; Looking to the facts and circumstances of the present case, since the custodial interrogation of the applicant is not required, I am inclined to consider the case of the applicant. 7. This Court has also taken into consideration the law laid ....

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....l of the case till further orders; (f) shall not leave India without the permission of the concerned trial court and if having passport shall deposit the same before the concerned trial court within a week; and (g) it would be open to the Investigating Officer to file an application for remand if he considers it proper and just and the learned Magistrate would decide it on merits; 9. Despite this order, it would be open for the Investigating Agency to apply to the competent Magistrate, for police remand of the applicant. The applicant shall remain present before the learned Magistrate on the first date of hearing of such application and on all subsequent occasions, as may be directed by the learned Magistrate. This woul....