Prem Omprakash Sapra And ANR v. Om Prakash Sapra And ANR

JOHNSON GONSALVES Date: 2023.01.23 14:09:51 +0530 SMITA JOHNSON GONSALVES 1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3855 OF 2012 WITH INTERIM APPLICATION NO.879 OF 2020 IN CRIMINAL WRIT PETITION NO.3855 OF 2012 Krishna Texport Industrial Limited (KSL And Industries) ..

Petitioner v/s.

Om Prakash Sapra And Anr.

..

Respondents WITH INTERIM APPLICATION NO.3065 OF 2022 IN CRIMINAL WRIT PETITION NO.3855 OF 2012 Prem Omprakash Sapra And Anr.

..

Applicants v/s.

Om Prakash Sapra And Anr.

..

Respondents WITH CRIMINAL WRIT PETITION NO.3489 OF 2012 WITH INTERIM APPLICATION NO.181 OF 2019 IN CRIMINAL WRIT PETITION NO.3489 OF 2012 Krishna Texport Industrial Limited (KSL And Industries) ..Petitioner/Applicant v/s.

Anil Kumar And Ors.

..

Respondents WITH INTERIM APPLICATION NO.3360 OF 2021 IN

2/3 CRIMINAL WRIT PETITION NO.3489 OF 2012 K.R. Gupta Since deceased Through Legal Heirs Rashi Gupta wife of K.R.

Gupta And Ors.

..

Applicants v/s.

Krishna Textile Industrial Limited And Ors.

..

Respondents WITH CRIMINAL WRIT PETITION NO.3854 OF 2012 WITH INTERIM APPLICATION NO.182 OF 2019 IN CRIMINAL WRIT PETITION NO.3854 OF 2012 Krishna Texport Industrial Limited (KSL And Industries) ..Petitioner/Applicant v/s.

M/s. Diwam Rubber Industries And Ors.

..Respondents ....

Ms. Lalita Savekar, i/b. Kulkarni & Associates, for the Petitioner/Applicant.

Mr. Rahul Singh, a/w. Ms. Pranali Raut and Ms. Varsha Salunkhe, i/b. Legal Catalyst, for Applicant in IA/3065/2022 in WP/3855/2022. Mr. Vikram Sutaria, for the Applicant in IA/3360/2021 in WP/3489/2012.

Mr. Arfan Sait, APP, for State.

....

CORAM: R.G. AVACHAT, J.

DATE : 18 JANUARY 2023.

3/3 P.C:- Interim Application No.3360 of 2021 in Writ Petition No.3489 of 2012 and Interim Application No.3065 of 2021 in Writ Petition No.3855 of 2012 have been preferred to bring on record legal representatives of the original accused, who were convicted for offence punishable under Section 138 of the Negotiable Instruments Act. The appellate court partly allowed their appeals directing the trial court to hold de novo trial in view of Section 326 of Cr.P.C. Against the said order, the original complainant has preferred Writ Petition No.3489 of 2012, Writ Petition No.3855 of 2012 and Writ Petition No.3854 of 2012.

2.

Since the matter is arising out of conviction under Section 138 of the N.I. Act, the prayers in both these applications to bring on record LRs of the deceased convicts are allowed. The necessary amendments be carried out within couple of days. 3.

Stand over to 1st February 2023.

(R.G. AVACHAT, J.)