w w w . L a w y e r S e r v i c e s . i n



Anil Baburao Chalke v/s M/s. Meenamani Ganga Builder LLP & Another


Company & Directors' Information:- S V CORPORATION LLP [Active] CIN = AAQ-7877

Company & Directors' Information:- A P T AND CO LLP [] CIN = AAL-8025

Company & Directors' Information:- R D N A AND CO LLP [Active] CIN = AAM-4183

Company & Directors' Information:- C A P A (INDIA) LLP [] CIN = AAF-9325

Company & Directors' Information:- M D S & CO LLP [] CIN = AAF-2760

Company & Directors' Information:- A A A M & CO LLP [Active] CIN = AAT-1669

Company & Directors' Information:- R C A AND CO LLP [Active] CIN = AAU-3441

Company & Directors' Information:- D B Y & CO LLP [] CIN = AAF-3364

Company & Directors' Information:- C A N V A S & CO LLP [] CIN = AAG-1661

Company & Directors' Information:- E I U INDIA LLP [] CIN = AAG-0189

Company & Directors' Information:- S S S R & COMPANY LLP [Active] CIN = AAS-6238

Company & Directors' Information:- GANGA CORPORATION PRIVATE LIMITED [Active] CIN = U65921UP1954PTC076243

Company & Directors' Information:- T S N BUILDER PRIVATE LIMITED [Active] CIN = U45400UP2015PTC069275

Company & Directors' Information:- M B S P & CO LLP [] CIN = AAI-4025

Company & Directors' Information:- Y N G AND CO LLP [] CIN = AAJ-6096

Company & Directors' Information:- ECOIRIA LLP [Active] CIN = AAO-2501

Company & Directors' Information:- V S K A & COMPANY LLP [Active] CIN = AAU-5542

Company & Directors' Information:- F A M S & CO LLP [Active] CIN = AAU-9603

Company & Directors' Information:- N K R G AND CO LLP [Active] CIN = AAX-4256

Company & Directors' Information:- H N C P & CO LLP [Active] CIN = AAT-5981

Company & Directors' Information:- V G R A N D & CO LLP [Under Process Of Strike Off] CIN = AAO-5777

Company & Directors' Information:- C K BUILDER PVT LTD [Strike Off] CIN = U45201MH1982PTC027995

Company & Directors' Information:- R S A C & CO LLP [Active] CIN = AAX-1702

Company & Directors' Information:- A B D AND CO LLP [] CIN = AAG-4228

Company & Directors' Information:- D G K T & CO LLP [Active] CIN = AAY-0763

Company & Directors' Information:- R H D B & CO LLP [] CIN = AAF-9564

Company & Directors' Information:- N J S R & CO LLP [Active] CIN = AAS-6904

Company & Directors' Information:- M S T S AND CO LLP [] CIN = AAJ-9789

Company & Directors' Information:- A G N & CO LLP [Active] CIN = AAT-3343

Company & Directors' Information:- A H S G & CO LLP [Active] CIN = AAU-8429

Company & Directors' Information:- J K J S & CO. LLP [] CIN = AAI-5880

Company & Directors' Information:- R R BUILDER LLP [Active] CIN = AAM-7042

Company & Directors' Information:- A B A M & CO. LLP [] CIN = AAF-2113

Company & Directors' Information:- M N S H & CO LLP [] CIN = AAG-4390

Company & Directors' Information:- T & R INDIA LLP [] CIN = AAH-4079

Company & Directors' Information:- S G S R & CO LLP [] CIN = AAH-3391

Company & Directors' Information:- D M M & COMPANY LLP [] CIN = AAJ-7431

Company & Directors' Information:- Y S K AND CO LLP [Active] CIN = AAN-5713

Company & Directors' Information:- J K K & COMPANY LLP [Active] CIN = AAX-1522

Company & Directors' Information:- K L S AND CO LLP [] CIN = AAJ-7210

Company & Directors' Information:- A Y K J & CO LLP [Active] CIN = AAS-7373

Company & Directors' Information:- K N A AND CO LLP [Active] CIN = AAU-0083

Company & Directors' Information:- H S K & CO LLP [Active] CIN = AAT-9072

Company & Directors' Information:- S D U AND CO LLP [Active] CIN = AAM-9609

Company & Directors' Information:- A P A R & CO LLP [Active] CIN = AAS-8336

Company & Directors' Information:- A A M K & CO LLP [Active] CIN = AAT-0385

Company & Directors' Information:- V U D & CO LLP [Active] CIN = AAT-1391

Company & Directors' Information:- A K M W AND CO LLP [Active] CIN = AAF-4352

Company & Directors' Information:- M B D & CO LLP [] CIN = AAG-6725

Company & Directors' Information:- S R J N & CO LLP [] CIN = AAH-0969

Company & Directors' Information:- A T M S & CO LLP [] CIN = AAH-2210

Company & Directors' Information:- J J J AND COMPANY LLP [] CIN = AAH-6513

Company & Directors' Information:- B G K & CO LLP [] CIN = AAI-2849

Company & Directors' Information:- M N K D & CO LLP [] CIN = AAI-9526

Company & Directors' Information:- D S R V AND CO LLP [] CIN = AAJ-5358

Company & Directors' Information:- K D M AND CO LLP [] CIN = AAJ-9144

Company & Directors' Information:- S P K G & CO LLP [] CIN = AAK-1705

Company & Directors' Information:- V D S R & CO LLP [] CIN = AAK-2237

Company & Directors' Information:- M A S P N & CO LLP [] CIN = AAK-4575

Company & Directors' Information:- N P K & COMPANY LLP [] CIN = AAL-7453

Company & Directors' Information:- J B S K & CO LLP [Active] CIN = AAN-2033

Company & Directors' Information:- D R P B AND CO LLP [Active] CIN = AAN-7871

Company & Directors' Information:- PALVIT DEVELOPERS LLP [Active] CIN = AAO-3310

Company & Directors' Information:- N G V R AND COMPANY LLP [Active] CIN = AAO-4093

Company & Directors' Information:- J A S N & CO LLP [Active] CIN = AAP-0336

Company & Directors' Information:- R S A G AND CO LLP [Active] CIN = AAP-1444

Company & Directors' Information:- P R P A & COMPANY LLP [Active] CIN = AAT-7868

Company & Directors' Information:- S M B C & COMPANY LLP [Active] CIN = AAU-0557

Company & Directors' Information:- L M R K & CO LLP [Active] CIN = AAV-4030

Company & Directors' Information:- S L B M AND CO LLP [Active] CIN = AAV-4289

Company & Directors' Information:- V K & COMPANY LLP [Active] CIN = AAW-7564

Company & Directors' Information:- D A M & CO LLP [Active] CIN = AAW-8134

Company & Directors' Information:- N A D & CO LLP [Active] CIN = AAW-9504

Company & Directors' Information:- A B R & CO LLP [Active] CIN = AAX-0331

Company & Directors' Information:- V H P A & CO LLP [Active] CIN = AAY-1712

Company & Directors' Information:- N C A P & COMPANY LLP [Active] CIN = AAY-2026

Company & Directors' Information:- B M P S & CO LLP [Active] CIN = AAW-9364

Company & Directors' Information:- J K J & CO LLP [] CIN = AAE-5439

Company & Directors' Information:- S G C O & CO LLP [] CIN = AAI-0379

Company & Directors' Information:- G P S & CO LLP [] CIN = AAI-0872

Company & Directors' Information:- K K A B & CO LLP [] CIN = AAJ-3296

Company & Directors' Information:- C S D AND CO LLP [] CIN = AAJ-4629

Company & Directors' Information:- M P G V & CO LLP [] CIN = AAJ-5351

Company & Directors' Information:- A T S G & CO LLP [] CIN = AAK-3751

Company & Directors' Information:- G G S H & CO. LLP [] CIN = AAL-8083

Company & Directors' Information:- J N S V & CO LLP [Active] CIN = AAM-6900

Company & Directors' Information:- S P K T & CO LLP [Active] CIN = AAN-7572

Company & Directors' Information:- S H A & CO LLP [Active] CIN = AAO-4028

Company & Directors' Information:- R S S P K & CO LLP [Under Process Of Strike Off] CIN = AAR-2109

Company & Directors' Information:- A A S S & COMPANY LLP [Active] CIN = AAT-4426

Company & Directors' Information:- R R S J & CO LLP [Active] CIN = AAV-8062

Company & Directors' Information:- A R B R & CO LLP [Active] CIN = AAX-6334

Company & Directors' Information:- S K B & COMPANY LLP [Active] CIN = AAT-5051

Company & Directors' Information:- P R S S & CO LLP [Active] CIN = AAW-2115

Company & Directors' Information:- G A S A & CO LLP [Active] CIN = AAU-4365

Company & Directors' Information:- S P A S AND CO LLP [Active] CIN = AAS-9005

Company & Directors' Information:- S K R AND COMPANY LLP [Active] CIN = AAB-9330

Company & Directors' Information:- C S AND CO LLP [] CIN = AAL-5204

Company & Directors' Information:- M M G S AND CO LLP [Active] CIN = AAW-8857

Company & Directors' Information:- A J M S & CO LLP [Active] CIN = AAS-6794

Company & Directors' Information:- S B S S & CO LLP [] CIN = AAG-2178

Company & Directors' Information:- P Y S & CO LLP [] CIN = AAG-9715

Company & Directors' Information:- P U M & CO LLP [Under Process Of Strike Off] CIN = AAP-1869

Company & Directors' Information:- P V R A & CO LLP [Active] CIN = AAP-2457

Company & Directors' Information:- K S N C & CO LLP [Active] CIN = AAQ-8095

Company & Directors' Information:- A R N P AND CO LLP [Active] CIN = AAS-7063

Company & Directors' Information:- N M G K & COMPANY LLP [Active] CIN = AAU-2181

Company & Directors' Information:- S H A P AND COMPANY LLP [Active] CIN = AAU-5309

Company & Directors' Information:- B K Y & CO LLP [Active] CIN = AAU-7172

Company & Directors' Information:- B R D P & CO LLP [Active] CIN = AAV-4924

Company & Directors' Information:- S R B A & CO LLP [] CIN = AAF-9001

Company & Directors' Information:- C S M & CO LLP [Active] CIN = AAW-1462

Company & Directors' Information:- A C C A & CO LLP [] CIN = AAF-2112

Company & Directors' Information:- K A M AND CO LLP [Active] CIN = AAU-7380

Company & Directors' Information:- S C M K & CO LLP [Active] CIN = AAT-2422

    Criminal Writ Petition No. 5090 of 2018

    Decided On, 11 July 2019

    At, High Court of Judicature at Bombay

    By, THE HONOURABLE MR. JUSTICE S.S. SHINDE

    For the Petitioner: Ashok B. Tajane, Advocate. For the Respondents: R1, Pankaj D. Purway, Advocate, A.R. Patil, APP.



Judgment Text

1. The present writ petition is filed with the following substantive prayer:-

b) The order dated 01.09.2018 passed by the learned Sessions Judge, Pune in Criminal Revision Application No. 120 of 2018 as well as Order dated 12.02.2018 passed by the Learned JMFC Cantonment, Pune below Exhibit 72 in SCC No. 1331 of 2016 be quashed and set aside.

2. The Petitioner herein is accused in SCC No. 1331 of 2016 filed by the first respondent. The first respondent filed an application under Section 311 of Code Criminal Procedure (for short 'Cr.PC'), for examination of witnesses Mr. Anuj Goyal. The said application was allowed and the Trial Court issued summons to complainant Mr. Anuj Goyal to appear before the Court for recording his evidence. Being aggrieved by the said order the present petitioner filed Criminal Revision No. 120 of 2018 however, the said revision was rejected. Hence, this writ petition.

3. Learned counsel appearing for petitioner submits that, first respondent had full knowledge of memorandum of understanding dated 3rd July 2013, which was executed between the original complainant Mr. Anuj Goyal and applicant Mr. Anil Chalke and others and cancellation deed dated 25th September 2013 between Mr. Anuj Goyal and applicant and others. The said verified copies of aforesaid documents are on the record of Trial Court right from the filing of the original complaint, but in spite of that till completion of cross examination of first respondent, he had not taken any steps as far as aforesaid documents are concerned. It is submitted that when the first respondent realized that the application is going to succeed in the proceedings, he deliberately and intentionally filed application under Section 311 of Cr.PC., just to harass the applicant. It is submitted that proceedings under Section 138 of Negotiable Instruments Act (for short 'NI Act') are required to be completed as expeditiously as possible and within six months from institution of the proceedings under Section 138 of NI Act. In support of aforesaid contention learned counsel appearing for the petitioner placed reliance on ratio laid down in the case of Kavita Satish Agrawal Vs. Mahesh Nagari Sahkari Patsanstha Maryadit, Sangamner through its Recovery Officer reported in 2018 (1) Mh.L.J. (Cri) 318.

4. On the other hand learned counsel appearing for first respondent submits that in the interest of justice the Trial Court has passed the order and allowed the prayer of the first respondent to allow him to examine Mr. Anuj Goyal. No prejudice would be caused to the petitioner. Learned counsel invites attention of this Court to the reasons assigned in the impugned order and submits that petition may be rejected.

5. Upon appreciating rival contentions and the fact that, in the interest of justice the Trial Court has allowed the application of the first Respondent for recording statement of Mr. Anuj Goel, before the Trial Court no interference is necessary in the impugned order.

6. In the application filed by the first respondent under Section 311 of Cr.PC, it is stated that the recording of evidence of complainant through his constituted power of Attorney is completed on 11.07.2017. The memorandum of understanding dated 03.07.2013, which was executed between original complainant Annuj Goel and accused Anil Chalke and others, and subsequent cancellation deed dated 25th September 2013 between Mr. Annuj Goel and accused and others, the verified copies of the said documents are on the record of Trial Court filed by the complainant. However, the cheque which is subject matter of the complainant, was issued by the accused against his legal liability arising out of and in relation to the transaction in respect of which the said agreements were executed. The original complainant has executant of the said above mentioned agreements and therefore, said witness is material and recording of his evidence is important in the present case.

Therefore, as it is surfaced on record that the original complainant Mr. Anuj Goel representing Meenamani Ganga Builder LLP as a director is a material witness in the present case, as his evidence goes to the root of the case, and evidence of the said above mentioned witness will be important to decide the present case on merits. In the aforesaid background the application was filed under sectio

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n 311 Cr.PC and same has been allowed by the Trial Court. The aforesaid reasons for filing the application goes to the root of the matter and in absence of examination of said Mr. Annuj Goel it may not be possible for the complainant to prove its case. In that view of the matter the view taken by the Trial Court is plausible, reasonable and keeping in view the material placed on record. Therefore, no interference is called for in the impugned order. Hence, writ petition stands rejected.
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