Sandeep Hasurkar (Nominee Director Of Shalivahana Green Energey Ltd)And 3 Others v. M/S N.N.Global Merchantile Pvt.Ltd. Thr. Its Authorized Mr. Sanjay Harprasad Pandey Agm

1 apl 567.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

Criminal Application (APL) No. 567 of 2021 [Mr. Sandeep Hasurkar and ors. ..vs.. M/s N. N. Global Merchantile Pvt. Ltd. Through its authorized officer Mr. Sanjay H. Pandey, AGM (Accounst and Finance), R/o Chandrapur] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S. R. Deshpande, Advocate for the applicants Mr. S. S. Dewani, Advocate for non-applicant CORAM : ROHIT B. DEO, J.

DATED : 07-09-2021 The applicants are invoking inherent power seeking quashment of the order of issuance of process in complaint initiated under Section 138 of the Negotiable Instruments Act (Act).

2.

In view of the affidavit in response filed on record by the original complainant, it would not be necessary to note the facts in detail. Suffice it to note that the complainant has now taken a stand that since the applicants claim to be nominee directors, who are not responsible for day to day affairs of the company, the complainant has no objection if the proceedings are quashed qua the applicants. However, the complainant points out that the complaint is pending since the last

2 apl 567.2021 three years and the mandate of the Act is a decision in six months.

3.

In view of the common ground that the applicants are nominee directors, who are not in-charge of the company, order of issuance of process for offence punishable under Section 138 of the Act dated 7-2-2020 in Summary Criminal Case 1971/2018 rendered by Judicial Magistrate First Class, Court 4, Chandrapur is quashed, qua the applicants. It is clarified that the complaint shall proceed against the other accused. 4.

In view of the mandate of the provisions of the Act, the trial Court is requested to conclude the trial as expeditiously as possible, and in any event, within next twelve months.

5.

The application is disposed of in aforestated terms.

JUDGE wasnik