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Sunil Bhai Sheth v/s M/s. Agricore Commodities Pvt. Ltd. & Others

    Criminal Appeal No. 1634 of 2019 (@ Out of Slp (Crl.) No. 8594 of 2019)
    Decided On, 04 November 2019
    At, Supreme Court of India
    For the Petitioner: Nakul Dewan, Sr. Advocate, Taruna Singh Gohil, AOR, Pradhuman Gohil, Ranu Purohit, Shiva P., Sambit Nanda, Advocates. For the Respondent: Hrishikesh R. Chavan, Ranjit Shetty, Nikhil Kr. Singh, Advocates, Ashok Mathur, AOR.

Judgment Text

1. Leave granted.

2. The present proceedings arise out of disposal of Misc.Crl.Appln. No.1570 of 2018 by the Sessions Court at Bombay refusing to condone delay of 181 days in filing the Revision Application challenging the process issued by the Metropolitan Magistrate 23rd Court, Esplanade Court, Mumbai in Crl. Complaint No.5627/SS/2016 in respect of offence under Section 138 of the Negotiable Instruments Act, 1881.

3. The order passed by the Sessions Court has been affirmed by the High Court while dismissing Criminal Writ Petition No. 865 of 2019 vide order dated 8.7.2019 which order is presently under challenge before us:

4. It was submitted on behalf of the appellant in said revision that he had already resigned from the post of Directorship of the company; that he was not responsible for the affairs of the company and that he could not be prosecuted for the offence under said Section 138.

5. It may be mentioned here that dishonor of another cheque issued by the same company to the same complainant had resulted in prosecution of the Company and that the present appellant was granted benefit by the Revisional Court [Order dated 12.12.2018 in Crl. Revision Application No.719 of 2018] and the order issuing process was set aside.

6. In the backdrop of these circumstances, in our view, the instant matter was required to be considered on merits and delay should have been condoned by the Revisional Court. We, therefore, allow this appeal, set aside the orders passed by the High Court and the Revisional Court.

7. We condone th

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e delay in filing the Revision Application, which now stands restored to the file of the Sessions Court at Greater Bombay to be disposed of on merits. Appeal allowed.