Disposed

Sri Abhishek Steel and Power Ltd., Thr. Director Gopaal Brindaban Agarrwal and Others v. Haldiram Foods International Pvt. Thr. Its Director Rajendrakumar S/O Shivkishanji Agarwal

Bombay HC6 Oct 2022APL/889/2022

Case brief

AI extract

What is this about?

Accused filed a criminal application challenging the maintainability of a complaint under Section 138 NI Act. Application was withdrawn with directions to the Sessions Court to expedite pending proceedings and order appearance of absent accused.

What did the court decide?

Application disposed of on withdrawal; accused directed to appear in pending revision.

Sri Abhishek Steel and Power Ltd., Thr. Director Gopaal… — Cheque Dishonour | Bombay HC (2022)

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1 24apl889.22

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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CRIMINAL APPLICATION (APL) NO. 889/2022

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(Shri Abhishek Steel & Power Ltd. & ors. Vs. Haldiram Foods International Pvt. Ltd)

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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders

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- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Mr. C. B. Dharmadhikari, Advocate for applicants.
Mr. Dara Singh, Advocate for non-applicant.

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CORAM : VINAY JOSHI, J. DATED : 06/10/2022.

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Heard.

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2.This is an application of accused Nos. 1, 2 and
4 of Criminal Complaint Case No. 1599/2013 raising a
challenge to the maintainability of complaint for the
offence punishable under Section 138 of the
Negotiable Instruments Act (‘N. I. Act’).

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3.Upon instructions, the learned counsel for
applicant seeks for withdrawal with limited directions
to the Trial Court to decide the case expeditiously.

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4.The learned counsel appearing for the non-
applicant/complainant would submit that the learned
Magistrate has issued process against the accused No.
1 – Company only and therefore, they filed criminal
revision in the Sessions Court seeking issuance of
process against remaining accused Nos. 2 to 4 of the
complaint. It is stated that in the said revision,
accused Nos. 2 to 4 avoided to appear and therefore,
they be directed to remain present in the revision.

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2 24apl889.22

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5.Since the complaint is of the year 2013, the
Trial Court shall expedite the proceeding. The
applicant Nos. 2 and 3 who are before this Court
(Accused Nos. 2 and 4 of complaint) are directed to
give their appearance in Criminal M.A. No. 213/2022
pending at Sessions Court which is filed along with
revision, on the next date which is informed to be
fixed on 04.11.2022.

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6. Application stands disposed of since withdrawn.

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(VINAY JOSHI, J.)

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Gohane

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JITENDRA BHARAT GOHANE

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Digitally signed by JITENDRA BHARAT GOHANE Date: 2022.10.07 18:31:14 +0530

Sri Abhishek Steel and Power Ltd., Thr. Director Gopaal Brindaban Agarrwal and Others v. Haldiram Foods International Pvt. Thr. Its Director Rajendrakumar S/O Shivkishanji Agarwal

Case brief

What is this about?

What did the court decide?

Sri Abhishek Steel and Power Ltd., Thr. Director Gopaal Brindaban Agarrwal and Others v. Haldiram Foods International Pvt. Thr. Its Director Rajendrakumar S/O Shivkishanji Agarwal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

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