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


Company & Directors' Information:- J M COMMODITIES LIMITED [Active] CIN = U17120MH1979PLC020978

Company & Directors' Information:- AGRICORE COMMODITIES PRIVATE LIMITED [Amalgamated] CIN = U51110MH2006PTC161144

Company & Directors' Information:- E-COMMODITIES LIMITED [Active] CIN = U72900WB2000PLC091569

Company & Directors' Information:- H J COMMODITIES LIMITED [Active] CIN = U67190MH1992PLC271575

Company & Directors' Information:- K A COMMODITIES PRIVATE LIMITED [Active] CIN = U63090UP2015PTC074102

Company & Directors' Information:- L N S COMMODITIES PRIVATE LIMITED [Active] CIN = U74999WB2005PTC101640

Company & Directors' Information:- A. S. COMMODITIES PRIVATE LIMITED [Active] CIN = U02005UP2006PTC032576

Company & Directors' Information:- D R COMMODITIES PRIVATE LIMITED [Active] CIN = U51225DL2001PTC110868

Company & Directors' Information:- E F COMMODITIES PVT LTD [Active] CIN = U74999WB2006PTC109475

Company & Directors' Information:- L R COMMODITIES PRIVATE LIMITED [Active] CIN = U51109WB2007PTC115228

Company & Directors' Information:- A. P. T. COMMODITIES PRIVATE LIMITED [Active] CIN = U67190HR2010PTC040771

Company & Directors' Information:- D & B COMMODITIES LIMITED [Active] CIN = U51900TN2007PLC063658

Company & Directors' Information:- I P COMMODITIES PRIVATE LIMITED [Active] CIN = U65999DL2003PTC121201

Company & Directors' Information:- P R K COMMODITIES PRIVATE LIMITED [Active] CIN = U01403DL2007PTC168782

Company & Directors' Information:- T R COMMODITIES PRIVATE LIMITED [Converted to LLP] CIN = U74140HR2011PTC043681

Company & Directors' Information:- D. S. COMMODITIES PRIVATE LIMITED [Active] CIN = U51900MP2007PTC019493

Company & Directors' Information:- A. R. COMMODITIES PRIVATE LIMITED [Amalgamated] CIN = U51109WB1992PTC054861

Company & Directors' Information:- G S COMMODITIES PRIVATE LIMITED [Active] CIN = U15440PN1998PTC114036

Company & Directors' Information:- COMMODITIES (INDIA) PRIVATE LIMITED [Active] CIN = U51900MH1990PTC056503

Company & Directors' Information:- B R COMMODITIES LIMITED [Strike Off] CIN = U15146UP1998PLC024093

Company & Directors' Information:- S S R COMMODITIES PRIVATE LIMITED [Active] CIN = U52110WB2006PTC110633

Company & Directors' Information:- BHAI & BHAI PVT LTD [Active] CIN = U74120WB1963PTC025842

Company & Directors' Information:- M J COMMODITIES PRIVATE LIMITED [Active] CIN = U51909MH2008PTC180285

Company & Directors' Information:- H & S COMMODITIES PRIVATE LIMITED [Active] CIN = U01400HR2015PTC055338

Company & Directors' Information:- S A COMMODITIES PRIVATE LIMITED [Strike Off] CIN = U65990DL2015PTC281131

Company & Directors' Information:- K M A COMMODITIES PRIVATE LIMITED [Converted to LLP] CIN = U51909WB2002PTC094486

Company & Directors' Information:- SUNIL & CO PVT LTD [Active] CIN = U32109WB1984PTC037810

Company & Directors' Information:- I R COMMODITIES PRIVATE LIMITED [Strike Off] CIN = U93000TG2011PTC075297

Company & Directors' Information:- A M COMMODITIES PRIVATE LIMITED [Strike Off] CIN = U51909DL2002PTC113652

Company & Directors' Information:- S C SHETH AND COMPANY PRIVATE LIMITED [Active] CIN = U51900MH1941PTC003306

    Criminal Appeal No. 1634 of 2019 (@ Out of Slp (Crl.) No. 8594 of 2019)

    Decided On, 04 November 2019

    At, Supreme Court of India

    By, THE HONOURABLE MR. JUSTICE UDAY UMESH LALIT & THE HONOURABLE MR. JUSTICE VINEET SARAN

    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.
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