Ashok Mahindru And ORS. v. Hazel Mercantile Limited And ANR.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3600 OF 2018 Ashok Mahindru and others Petitioners versus Hazel Mercantile Limited and another Respondents Mr.Tejas Hilage I/by Pandit Kasar for petitioners. Mr.A.R.Patil, Additional P.P. for State.

CORAM :

PRAKASH D. NAIK, J.

DATE : 14th August 2018 PC :

1.

Not on board. Papers are produced in view urgency. 2.

The relief which is sought in this petition is for cancellation of non bailable warrants issued against the petitioners. The petitioners are prosecuted for offence u/s 138 of Negotiable Instruments Act. The proceedings are pending in the Court of Metropolitan Magistrate, 23rd Court, Esplanade, Mumbai. The petitioners are prosecuted being directors of accused no.1 company. Pursuant to issuance of non bailable warrants, the petitioners preferred application for cancellation of non bailable warrants. In the said application it is stated that the warrants were issued after service of summons upon the accused. Learned Magistrate rejected the said application on the ground that the application was devoid of merits. The said order was passed on 25th July 2018.

Manish S Thatte by Manish S Thatte Date:

2018.08.20 15:33:38 +0530

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From the title of the complaint it is apparent that the petitioners are resident of Delhi, Haryana, Rajasthan, Karnataka etc.. Learned counsel for petitioners, on instructions, submits that the petitioners would appear before the Trial Court. However, considering the fact that they residing at distant places, sufficient time be granted to appear.

4.

In the circumstances, the non bailable warrants issued by the Court of Metropolitan Magistrate, 23rd Court, Esplanade, Mumbai in CC No.1588/SS/2017, as well as order dated 25th July 2018 passed by the said Court rejecting the application for cancellation of warrants, is quashed and set aside. The petitioners are directed to appear before the Trial Court on 6th September 2018 and they shall execute bail bond before the Trial Court. Criminal Writ Petition No.3600 of 2018 is disposed off in above terms. (PRAKASH D. NAIK, J.) MST