Liladevi Satoshkumar Bhoot v. The State Of Maharashtra Thr. Pso Higanghat Dist.Wardha

16 APL-451-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO.451 OF 2024 [Liladevi Satoshkumar Bhoot ..Vs.. State of Maharashtra] ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr Anil S. Mardikar, Senior Advocate a/b Mr H. Kanjwani, Advocate for Applicant. Ms S. Dhote, APP for Non-Applicant/State.

CORAM : M. W. CHANDWANI, J.

DATE : 20 th MARCH , 202 4 .

.

Heard.

2.

The application challenges the order dated 28.04.2023 passed below Exh-61 by the learned Chief Judicial Magistrate, Hinganghat in R.C.C. No.193 of 2013, rejecting the application of the applicant for grant of discharge from the charges under Sections 406, 409, 420, 467 and 471 read with Section 34 of the Indian Penal Code, 1860 and under Section 74(1)(b)(c)(e) of the Maharashtra Value Added Tax Act, 2002. The applicant also raised a challenge to the order of revisional Court in Criminal Revision Application No.8 of 2023 passed by the learned Additional Sessions Judge, Hinganghat, thereby rejecting the revision application. 3.

The contention is that the applicant, who is shown as a Director of the accused company, had already resigned from its Directorship. Further it is the contention of the learned senior counsel for the applicant that no specific role has been assigned to the present applicant in FIR. Therefore, the applicant cannot be vicariously liable.

TAMBE

16 APL-451-2024 4.

Issue notice to the non-applicant, returnable within two weeks. Ms Dhote, learned APP, waives notice for nonapplicant/State. 5.

The learned Trial Court shall not frame the charges against the present applicant, till the next date of hearing. (JUDGE) Signed by: Mr. Ashish Tambe Designation: PA To Honourable Judge Date: 20/03/2024 17:09:21 TAMBE