Kulkarni Constructions Pvt. Ltd., v. M/S. Atrey Promoters And Builders And ORS.

15-IA-4068-2022.doc GRM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL INTERIM APPLICATION NO. 4068 OF 2022 IN CRIMINAL APPLICATION NO. 516 OF 2018 Kulkarni Constructions Pvt. Ltd.

... Applicant V/s.

M/s. Atrey Promoters and Builders & Ors.

... Respondents Mr. Hassnain R. Sayyed, Adv. for the Applicant. Mr. A. G. Patil, APP for the State/Respondent.

CORAM

: R. G. AVACHAT, J.

DATED : JANUARY 6, 2023 P.C. :

1.

Heard.

2.

This application has been moved for bringing on record the legal heirs of Director of the Company, which had filed the complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short "NI Act"). The respondent was convicted by the Trial Court for the offence punishable under Section 138 of NI Act. He is in revision before this Court taking exception to the order of his conviction.

3.

The revision needs to be taken to its logical conclusion since the Director, who was representing the complainant company in the complaint, passed away and those who are sought to be brought on record, are said to be the Directors of original

15-IA-4068-2022.doc complainant company. The application, therefore, deserves to be allowed. The same is, therefore, allowed in terms of prayer clause (a).

4.

Leave to amend the application forthwith.

5.

Application stands disposed of.

(R. G. AVACHAT, J.)