Keyur Madhusudan Shah v. Nizar Noorali Rangara and Anr.
Case brief
What is this about?
Criminal revision application; Official Liquidator cannot be impleaded as party-respondent in appeal under Section 138 read with 141 of the Negotiable Instruments Act, 1881; Official Liquidator or representative may be examined as witness by either party; evidence under Section 391 of the Cr.P.C.; Appellate Court (Additional Sessions Judge, City Civil and Session Court, Greater Mumbai) order dated 9th May 2022 in Criminal Appeal No.152 of 2018 partly set at naught; conviction dated 6th January 2018 by Metropolitan Magistrate, 70th Court, Mazgaon set aside by Appellate Court; remand to Sessions Court for limited purpose; Bombay High Court; Shivkumar Dige, J.; Keyur Madhusudan Shah; Dahyabhai Share And Stock Brokers Ltd.; Nizar Noorali Rangara.
What did the court decide?
Direction to implead the Official Liquidator as party-respondent quashed and set aside; the Official Liquidator or his representative may be examined as a witness by either party; the learned Sessions Judge to permit both parties to lead evidence as directed under Section 391 of the Cr.P.C.; matter remanded to the Sessions Court for the limited purpose of examining the Official Liquidator or his representative as witness and deciding the appeals on their own merits; all contentions kept open.