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Bombay High CourtWP/2201/2014others disposed off

Girishchandra Ugresan Sahoo And ANR. v. State Of Maharashtra And ANR.

2015-04-24Hon'Ble Shri Justice M.L. Tahaliyani11 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2201 OF 2014 WITH CRIMINAL WRIT PETITION NO. 378 OF 2014 WITH CRIMINAL WRIT PETITION NO. 379 OF 2014 WITH CRIMINAL WRIT PETITION NO. 380 OF 2014 WITH CRIMINAL WRIT PETITION NO. 381 OF 2014 WITH CRIMINAL WRIT PETITION NO. 382 OF 2014 WITH CRIMINAL WRIT PETITION NO. 383 OF 2014 WITH CRIMINAL WRIT PETITION NO. 384 OF 2014 WITH CRIMINAL WRIT PETITION NO. 385 OF 2014 WITH CRIMINAL WRIT PETITION NO. 720 OF 2015 WITH CRIMINAL WRIT PETITION NO. 722 OF 2015 WITH CRIMINAL WRIT PETITION NO. 723 OF 2015 WITH CRIMINAL WRIT PETITION NO. 724 OF 2015 WITH CRIMINAL WRIT PETITION NO. 725 OF 2015 WITH CRIMINAL WRIT PETITION NO. 726 OF 2015 WITH CRIMINAL WRIT PETITION NO. 727 OF 2015 WITH CRIMINAL WRIT PETITION NO. 728 OF 2015 WITH CRIMINAL WRIT PETITION NO. 729 OF 2015 nsk page 1 of 11

WITH CRIMINAL WRIT PETITION NO. 730 OF 2015 WITH CRIMINAL WRIT PETITION NO. 733 OF 2015 WITH CRIMINAL WRIT PETITION NO. 1739 OF 2014 WITH CRIMINAL WRIT PETITION NO. 2202 OF 2014 WITH CRIMINAL WRIT PETITION NO. 2203 OF 2014 WITH CRIMINAL WRIT PETITION NO. 2204 OF 2014 WITH CRIMINAL WRIT PETITION NO. 2205 OF 2014 Mr. Girishchandra Ugresan Sahoo & Anr.

..Petitioners V/s.

The State of Maharashtra & Ors.

..Respondents WITH CRIMINAL WRIT PETITION NO. 386 OF 2014 WITH CRIMINAL WRIT PETITION NO. 387 OF 2014 WITH CRIMINAL WRIT PETITION NO. 388 OF 2014 WITH CRIMINAL WRIT PETITION NO. 389 OF 2014 WITH CRIMINAL WRIT PETITION NO. 390 OF 2014 WITH CRIMINAL WRIT PETITION NO. 392 OF 2014 WITH CRIMINAL WRIT PETITION NO. 393 OF 2014 WITH CRIMINAL WRIT PETITION NO. 394 OF 2014 WITH CRIMINAL WRIT PETITION NO. 395 OF 2014 WITH CRIMINAL WRIT PETITION NO. 396 OF 2014 nsk page 2 of 11

WITH CRIMINAL WRIT PETITION NO. 397 OF 2014 WITH CRIMINAL WRIT PETITION NO. 721 OF 2015 WITH CRIMINAL WRIT PETITION NO. 731 OF 2015 WITH CRIMINAL WRIT PETITION NO. 732 OF 2015 WITH CRIMINAL WRIT PETITION NO. 1665 OF 2014 WITH CRIMINAL WRIT PETITION NO. 1666 OF 2014 WITH CRIMINAL WRIT PETITION NO. 1667 OF 2014 WITH CRIMINAL WRIT PETITION NO. 1668 OF 2014 WITH CRIMINAL WRIT PETITION NO. 1669 OF 2014 WITH CRIMINAL WRIT PETITION NO. 1670 OF 2014 WITH CRIMINAL WRIT PETITION NO. 2206 OF 2014 WITH CRIMINAL WRIT PETITION NO. 2207 OF 2014 WITH CRIMINAL WRIT PETITION NO. 2208 OF 2014 WITH CRIMINAL WRIT PETITION NO. 2209 OF 2014 WITH CRIMINAL WRIT PETITION NO. 2210 OF 2014 WITH CRIMINAL WRIT PETITION NO. 2211 OF 2014 WITH CRIMINAL WRIT PETITION NO. 2212 OF 2014 WITH CRIMINAL WRIT PETITION NO. 2213 OF 2014 WITH CRIMINAL WRIT PETITION NO. 2214 OF 2014 WITH CRIMINAL WRIT PETITION NO. 2215 OF 2014 nsk page 3 of 11

WITH CRIMINAL WRIT PETITION NO. 3734 OF 2014 WITH CRIMINAL WRIT PETITION NO. 3735 OF 2014 WITH CRIMINAL WRIT PETITION NO. 3736 OF 2014 WITH CRIMINAL WRIT PETITION NO. 3737 OF 2014 WITH CRIMINAL WRIT PETITION NO. 3738 OF 2014 WITH CRIMINAL WRIT PETITION NO. 3739 OF 2014 WITH CRIMINAL WRIT PETITION NO. 3740 OF 2014 WITH CRIMINAL WRIT PETITION NO. 3741 OF 2014 WITH CRIMINAL WRIT PETITION NO. 3742 OF 2014 WITH CRIMINAL WRIT PETITION NO. 3743 OF 2014 WITH CRIMINAL WRIT PETITION NO. 3744 OF 2014 WITH CRIMINAL WRIT PETITION NO. 3745 OF 2014 WITH CRIMINAL WRIT PETITION NO. 3746 OF 2014 WITH CRIMINAL WRIT PETITION NO. 4791 OF 2014 WITH CRIMINAL WRIT PETITION NO. 4792 OF 2014 WITH CRIMINAL WRIT PETITION NO. 4793 OF 2014 WITH CRIMINAL WRIT PETITION NO. 4794 OF 2014 WITH CRIMINAL WRIT PETITION NO. 4795 OF 2014 WITH CRIMINAL WRIT PETITION NO. 4796 OF 2014 WITH CRIMINAL WRIT PETITION NO. 4797 OF 2014 nsk page 4 of 11

WITH CRIMINAL WRIT PETITION NO. 4798 OF 2014 WITH CRIMINAL WRIT PETITION NO. 4799 OF 2014 WITH CRIMINAL WRIT PETITION NO. 4800 OF 2014 WITH CRIMINAL WRIT PETITION NO. 4801 OF 2014 WITH CRIMINAL WRIT PETITION NO. 4802 OF 2014 WITH CRIMINAL WRIT PETITION NO. 4803 OF 2014 WITH CRIMINAL WRIT PETITION NO. 4804 OF 2014 Shantanu Narayan Rooj and Anr.

..Petitioners V/s.

The State of Maharashtra & Ors.

..Respondents ---- Mr. A.P. Mundargi a/w Mr. Prasad K. Das for the petitioner. Mr. M.G. Kulkarni for the respondent no. 2.

Mr. A.R. Patil, Addl. Public Prosecutor for State. CORAM : M.L. TAHALIYANI, J.

DATE : 24TH APRIL 2015.

P.C.

Admit all these petitions. By consent, heard finally at the admission stage.

Heard learned counsel Mr. Prasad K. Das for the Petitioners, learned APP Mr. A. R. Patil for the State and learned Advocate Mr. Shukla for Respondent No. 2.

The petitioners are facing trial for the offence punishable under sections 138 of the Negotiable Instruments nsk page 5 of 11

Act with the aid of 141 of the said Act.

Though the Respondents (Original Complainants) are different, the petitioners in all the petitions are the same. There are two petitioners/applicants who are Directors and Finance Controller respectively of Accused No.1 Glodyne Technoserve Limited having its office at Bandra Kurla Complex, Bandra (E), Mumbai400 051. Loan was obtained through various bills of exchange from Sona Enterprises-the complainant for the Glodyne Technoserve Limited. Few cheques were issued in respect of each bill of exchange for repayment of the loan obtained by Accused no.1 from Respondent No.2 (complainant). The cheques issued were dishonoured by the bankers of Accused No.1. The Accused No.1 Glodyne Technoserve Limited and other accused were served with the statutory notice. The payment did not come. After expiry of the statutory period, Respondent No. 2 (Complainant Sona Enterprises) filed one complaint each for each dishonoured cheque. The petitioners/applicants are made accused in all the complaints.

The petitioners claim that they were not in-charge of the day-to-day business of the company/accused no.1 and that they were not responsible for the conduct of the day-to-day business of the company. Both of them had resigned from the Company/Accused No.1 prior to the date of issuance of the cheques in question.

nsk page 6 of 11

As far as the resignation part is concerned, it is disputed by the learned counsel Mr.Shukla on behalf of Respondent no.2. Learned counsel Mr. Das has submitted that even if resignation part is not taken into consideration for the time being, the allegations made in paragraph nos. 3,4,5 and 6 of the complaint are not sufficient to describe the specific role of the petitioners/ applicants at the time of commission of the alleged offence. The learned counsel Mr. Shukla has brought to my notice that the role of the applicants has been described in the complaint in as much as it has been stated that the applicants were present when the loan was extended and that they had assured repayment within time. No doubt these averments are made in the complaints but these averments appear to be vague and bald allegations.

There is no mention of place, time and date of presence of the applicants when they had assured for repayment. Admittedly the cheques were signed by the two other Directors and bills of exchange were also signed by the other Directors. There is no specific role assigned to the Petitioners/applicants in any of the complaints. Hence, the proceedings pending against the petitioners/applicants need to be quashed.

The proceedings pending against the petitioners/applicants vide criminal cases mentioned in column-3 of the table below, pending in the courts mentioned in column-4 of the table below shall stand quashed. nsk page 7 of 11

Sr.

No Criminal Writ Petition No.

Complaint Case No.

Trail Court Name of Complainant 2201/2014 116/SS/2014 28th Court at Esplanade Yogesh Tulsidas Shah (HUF) 1739/2014 235/SS/2014 28th Court at Esplanade Abdullabhai Fidaalli & Co.

1670/2014 2029/SS/2013 58th Court at Bandra Sona Enterprises 1669/2014 1961/SS/2013 58th Court at Bandra Vraksham's Varkha 1668/2014 1962/SS/2013 58th Court at Bandra Sona Enterprises 1667/2014 2031/SS/2013 58th Court at Bandra Vraksham's Varkha 1666/2014 1960/SS/2013 58th Court at Bandra Vraksham's Varkha 1665/2014 2030/SS/2013 58th Court at Bandra Vraksham's Varkha 397/2014 1535/SS/2013 28th Court at Esplanade Mustan T Kagalwala 396/2014 1207/SS/2013 28th Court at Esplanade Mustan T Kagalwala 395/2014 1515/ss/2013 28th Court at Esplanade Yogesh Tulsidas Shah 394/2014 1565/SS/2013 28th Court at Esplanade Ashok Sah (H.U.

F) 393/2014 1513/SS/2013 28th Court at Esplanade Yogesh Tulsidas Shah 392/2014 1181/SS/2013 28th Court at Esplanade Bipin Tulsidas Shah 390/2014 1203/SS/2013 28th Court at Esplanade Yogesh Tulsidas Shah 389/2014 1532/ss/2013 28th Court at Esplanade Yogesh Tulsidas Shah 388/2014 1418/ss/2013 7th Court at Bhiwada, Dadar Kamlesh Lamba 387/2014 1179/SS/2013 28th Court at Esplanade Ashok J Thawani 386/2014 1417/ss/2013 7th Court at Bhiwada, Dadar Kamlesh Lamba 385/2014 1204/SS/2013 28th Court at Esplanade Bipin T. Shah 384/2014 2004/SS/2013 28th Court at Esplanade Sona Enterprises 383/2014 1180/ss/2013 28th Court at Esplanade Nayan T.

Sr.

No Criminal Writ Petition No.

Complaint Case No.

Trail Court Name of Complainant 2215/2014 257/SS/2014 28th Court at Esplanade Mustan T Kagalwala 2214/2014 234/SS/2014 28th Court at Esplanade Anjana Bipin Shah 2213/2014 233/SS/2014 28th Court at Esplanade Anjana Bipin Shah 2212/2014 232/SS/2014 28th Court at Esplanade Anjana Bipin Shah 2211/2014 99/SS/2014 28th Court at Esplanade Yogesh Tulsidas Shah (HUF) 2210/2014 34/SS/2014 28th Court at Esplanade Yogesh Tulsidas Shah (HUF) 2209/2014 33/SS/2014 28th Court at Esplanade Ashok Sah (H.U.F) 2208/2014 32/SS/2014 28th Court at Esplanade Harsh Yogesh Shah 2207/2014 31/SS/2014 28th Court at Esplanade Mustan T Kagalwala 2206/2014 30/SS/2014 28th Court at Esplanade Bipin T Shah HUF 2205/2014 120/SS/2014 28th Court at Esplanade Nayan T. Shah HUF 2204/2014 119/SS/2014 28th Court at Esplanade Nayan T.

Sr.

No Criminal Writ Petition No.

Complaint Case No.

Trail Court Name of Complainant 3736/2014 463/SS/2013 69th Court at Mazgaon Suresh Atrmaram Nagpal 3737/2014 465/SS/2013 69th Court at Mazgaon Dilipkumar Atrmaram Nagpal 3738/2014 442/SS/2013 69th Court at Mazgaon Dilipkumar Atrmaram Nagpal 3739/2014 455/SS/2013 69th Court at Mazgaon Ramchand Atrmaram Nagpal 3740/2014 454/SS/2013 69th Court at Mazgaon Ramchand Atrmaram Nagpal 4791/2014 3287/SS/2014 70th Court at Mazgaon Atrmaram Ramchand Co.

4792/2014 3288/SS/2014 70th Court at Mazgaon Atrmaram Ramchand Co.

4793/2014 3291/SS/2014 70th Court at Mazgaon Atrmaram Broking Co. Pvt Ltd 4794/2014 3286/SS/2014 70th Court at Mazgaon Atrmaram Ramchand Co.

4795/2014 3285/SS/2014 70th Court at Mazgaon Atrmaram Ramchand Co.

4796/2014 3284/SS/2014 70th Court at Mazgaon Atrmaram Ramchand Co.

4797/2014 697/SS/2014 70th Court at Mazgaon Atrmaram Broking Co. Pvt Ltd 4798/2014 3283/SS/2014 70th Court at Mazgaon Atrmaram Ramchand Co.

4799/2014 3292/SS/2014 70th Court at Mazgaon Atrmaram Broking Co. Pvt Ltd 4800/2014 3293/SS/2014 70th Court at Mazgaon Atrmaram Broking Co. Pvt Ltd 4801/2014 3294/SS/2014 70th Court at Mazgaon Atrmaram & Sons 4802/2014 3295/SS/2014 70th Court at Mazgaon Atrmaram & Sons 4803/2014 3296/SS/2014 70th Court at Mazgaon Atrmaram & Sons 4804/2014 3297/SS/2014 70th Court at Mazgaon Atrmaram & Sons 724/2015 108/SS/2014 58th Court at Bandra Kavita Berry nsk page 10 of 11

Sr.

No Criminal Writ Petition No.

Complaint Case No.

Trail Court Name of Complainant 725/2015 109/SS/2014 58th Court at Bandra Prem B Jagasia 726/2015 110/SS/2014 58th Court at Bandra Deepika Samant 727/2015 111/SS/2014 58th Court at Bandra Deepika Samant 728/2015 203/SS/2014 58th Court at Bandra Deepika Samant 729/2015 204/SS/2014 58th Court at Bandra Golden Gate Bridge 730/2015 205/SS/2014 58th Court at Bandra Om Investments 731/2015 330/SS/2014 58th Court at Bandra Kavita Sanjeev Berry 732/2015 331/SS/2014 58th Court at Bandra Kamlesh Lamba 733/2015 332/SS/2014 58th Court at Bandra Pranav Bhatt 720/2015 104/SS/2014 58th Court at Bandra Vraksham's Varkha 721/2015 105/SS/2014 58th Court at Bandra Vraksham's Varkha 722/2015 106/SS/2014 58th Court at Bandra Vraksham's Varkha 723/2015 107/SS/2014 58th Court at Bandra Dutch Dividends Bail bonds of the petitioners/applicants, if any, shall stand cancelled.

All the writ petitions are allowed in the above terms and are disposed of accordingly.

(JUDGE) nsk page 11 of 11