Madhya Pradesh High Court
N.S. Balamukundan vs Ruchi Soya Industries Ltd. Through ... on 9 May, 2023
Author: Vivek Rusia
Bench: Vivek Rusia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
ON THE 9 th OF MAY, 2023
MISC. CRIMINAL CASE No. 56609 of 2022
BETWEEN:-
N.S. BALAMUKUNDAN S/O N.S. PARTHASARATHI, AGED
ABOUT 59 YEARS, OCCUPATION: BUSINESS, R/O 01
RAGAVAIASH ROAD, T.NAGAR. CHENNAI, (TAMIL
NADU)
.....APPLICANT
(SHRI SYED ASIF ALI WARSI, LEARNED COUNSEL FOR THE
APPLICANT.)
AND
RUCHI SOYA INDUSTRIES LTD. THROUGH
AUTHORIZED SIGNATORY MR. VIRENDRA S/O SHRI
SATYANARAYAN MANDOWARA, AGED ABOUT 58
Y E A R S , OCCUPATION: SERVICE, ADDRESS: 301,
MAHAKOSH HOUSE, 7/5, SOUTH TUKOGANJ, DISTRICT
INDORE (MADHYA PRADESH)
.....RESPONDENTS
(SHRI KSHITIJ VYAS, LEARNED COUNSEL FOR THE RESPONDENT.)
MISC. CRIMINAL CASE No. 56624 of 2022
BETWEEN:-
N.S. BALAMUKUNDAN S/O N.S. PARTHASARATHI, AGED
ABOUT 59 YEARS, OCCUPATION: BUSINESS, R/O 01
RAGAVAIASH ROAD, T.NAGAR. CHENNAI, (TAMIL
NADU)
.....APPLICANT
(SHRI SYED ASIF ALI WARSI, LEARNED COUNSEL FOR THE
APPLICANT.)
AND
RUCHI SOYA INDUSTRIES LTD. THROUGH
Signature Not Verified
Signed by: DIVYANSH
SHUKLA
Signing time: 10-05-2023
17:21:43
2
AUTHORIZED SIGNATORY MR. VIRENDRA S/O SHRI
SATYANARAYAN MANDOWARA, AGED ABOUT 58
Y E A R S , OCCUPATION : SERVICE, ADDRESS: 301,
MAHAKOSH HOUSE, 7/5, SOUTH TUKOGANJ, DISTRICT
INDORE (MADHYA PRADESH)
.....RESPONDENTS
(SHRI KSHITIJ VYAS, LEARNED COUNSEL AND SHRI VIVEK SINGH,
LEARNED COUNSEL FOR THE RESPONDENT.)
MISC. CRIMINAL CASE No. 56626 of 2022
BETWEEN:-
N.S. BALAMUKUNDAN S/O N.S. PARTHASARATHI, AGED
ABOUT 59 YEARS, OCCUPATION: BUSINESS, R/O 01
RAGAVAIASH ROAD, T.NAGAR. CHENNAI, (TAMIL
NADU)
.....APPLICANT
(SHRI SYED ASIF ALI WARSI, LEARNED COUNSEL FOR THE
APPLICANT.)
AND
RUCHI SOYA INDUSTRIES LTD. THROUGH
AUTHORIZED SIGNATORY MR. VIRENDRA S/O SHRI
SATYANARAYAN MANDOWARA, AGED ABOUT 58
Y E A R S , OCCUPATION : SERVICE, ADDRESS: 301,
MAHAKOSH HOUSE, 7/5, SOUTH TUKOGANJ, DISTRICT
INDORE (MADHYA PRADESH)
.....RESPONDENTS
(SHRI KSHITIJ VYAS, LEARNED COUNSEL AND SHRI VIVEK SINGH,
LEARNED COUNSEL FOR THE RESPONDENT.)
MISC. CRIMINAL CASE No. 56638 of 2022
BETWEEN:-
N.S. BALAMUKUNDAN S/O N.S. PARTHASARATHI, AGED
ABOUT 59 YEARS, OCCUPATION: BUSINESS, R/O 01
RAGAVAIASH ROAD, T.NAGAR. CHENNAI, (TAMIL
NADU)
.....APPLICANT
(SHRI SYED ASIF ALI WARSI, LEARNED COUNSEL FOR THE
APPLICANT.)
Signature Not Verified
Signed by: DIVYANSH
SHUKLA
Signing time: 10-05-2023
17:21:43
3
AND
RUCHI SOYA INDUSTRIES LTD. THROUGH
AUTHORIZED SIGNATORY MR. VIRENDRA S/O SHRI
SATYANARAYAN MANDOWARA, AGED ABOUT 58
Y E A R S , OCCUPATION : SERVICE, ADDRESS: 301,
MAHAKOSH HOUSE, 7/5, SOUTH TUKOGANJ, DISTRICT
INDORE (MADHYA PRADESH)
.....RESPONDENTS
(SHRI KSHITIJ VYAS, LEARNED COUNSEL FOR THE RESPONDENT.)
MISC. CRIMINAL CASE No. 56639 of 2022
BETWEEN:-
N.S. BALAMUKUNDAN S/O N.S. PARTHASARATHI, AGED
ABOUT 59 YEARS, OCCUPATION: BUSINESS, R/O 01
RAGAVAIASH ROAD, T.NAGAR. CHENNAI, (TAMIL
NADU)
.....APPLICANT
(SHRI SYED ASIF ALI WARSI, LEARNED COUNSEL FOR THE
APPLICANT.)
AND
RUCHI SOYA INDUSTRIES LTD. THROUGH
AUTHORIZED SIGNATORY MR. VIRENDRA S/O SHRI
SATYANARAYAN MANDOWARA, AGED ABOUT 58
Y E A R S , OCCUPATION : SERVICE, ADDRESS: 301,
MAHAKOSH HOUSE, 7/5, SOUTH TUKOGANJ, DISTRICT
INDORE (MADHYA PRADESH)
.....RESPONDENTS
(SHRI KSHITIJ VYAS, LEARNED COUNSEL AND SHRI VIVEK SINGH,
LEARNED COUNSEL FOR THE RESPONDENT.)
MISC. CRIMINAL CASE No. 56642 of 2022
BETWEEN:-
N.S. BALAMUKUNDAN S/O N.S. PARTHASARATHI, AGED
ABOUT 59 YEARS, OCCUPATION: BUSINESS, R/O 01
RAGAVAIASH ROAD, T.NAGAR. CHENNAI, (TAMIL
NADU)
.....APPLICANT
(SHRI SYED ASIF ALI WARSI, LEARNED COUNSEL FOR THE
Signature Not Verified
Signed by: DIVYANSH
SHUKLA
Signing time: 10-05-2023
17:21:43
4
APPLICANT.)
AND
RUCHI SOYA INDUSTRIES LTD. THROUGH
AUTHORIZED SIGNATORY MR. VIRENDRA S/O SHRI
SATYANARAYAN MANDOWARA, AGED ABOUT 58
Y E A R S , OCCUPATION : SERVICE, ADDRESS: 301,
MAHAKOSH HOUSE, 7/5, SOUTH TUKOGANJ, DISTRICT
INDORE (MADHYA PRADESH)
.....RESPONDENTS
(SHRI KSHITIJ VYAS, LEARNED COUNSEL AND SHRI VIVEK SINGH,
LEARNED COUNSEL FOR THE RESPONDENT.)
MISC. CRIMINAL CASE No. 56645 of 2022
BETWEEN:-
N.S. BALAMUKUNDAN S/O N.S. PARTHASARATHI, AGED
ABOUT 59 YEARS, OCCUPATION: BUSINESS, R/O 01
RAGAVAIASH ROAD, T.NAGAR. CHENNAI, (TAMIL
NADU)
.....APPLICANT
(SHRI SYED ASIF ALI WARSI, LEARNED COUNSEL FOR THE
APPLICANT.)
AND
RUCHI SOYA INDUSTRIES LTD. THROUGH
AUTHORIZED SIGNATORY MR. VIRENDRA S/O SHRI
SATYANARAYAN MANDOWARA, AGED ABOUT 58
Y E A R S , OCCUPATION : SERVICE, ADDRESS: 301,
MAHAKOSH HOUSE, 7/5, SOUTH TUKOGANJ, DISTRICT
INDORE (MADHYA PRADESH)
.....RESPONDENTS
(SHRI KSHITIJ VYAS, LEARNED COUNSEL AND SHRI VIVEK SINGH,
LEARNED COUNSEL FOR THE RESPONDENT.)
MISC. CRIMINAL CASE No. 56651 of 2022
BETWEEN:-
N.S. BALAMUKUNDAN S/O N.S. PARTHASARATHI, AGED
ABOUT 59 YEARS, OCCUPATION: BUSINESS, R/O 01
RAGAVAIASH ROAD, T.NAGAR. CHENNAI, (TAMIL
NADU)
Signature Not Verified
Signed by: DIVYANSH
SHUKLA
Signing time: 10-05-2023
17:21:43
5
.....APPLICANT
(SHRI SYED ASIF ALI WARSI, LEARNED COUNSEL FOR THE
APPLICANT.)
AND
RUCHI SOYA INDUSTRIES LTD. THROUGH
AUTHORIZED SIGNATORY MR. VIRENDRA S/O SHRI
SATYANARAYAN MANDOWARA, AGED ABOUT 58
Y E A R S , OCCUPATION : SERVICE, ADDRESS: 301,
MAHAKOSH HOUSE, 7/5, SOUTH TUKOGANJ, DISTRICT
INDORE (MADHYA PRADESH)
.....RESPONDENTS
(SHRI KSHITIJ VYAS, LEARNED COUNSEL FOR THE RESPONDENT.)
MISC. CRIMINAL CASE No. 56652 of 2022
BETWEEN:-
N.S. BALAMUKUNDAN S/O N.S. PARTHASARATHI, AGED
ABOUT 59 YEARS, OCCUPATION: BUSINESS, R/O 01
RAGAVAIASH ROAD, T.NAGAR. CHENNAI, (TAMIL
NADU)
.....APPLICANT
(SHRI SYED ASIF ALI WARSI, LEARNED COUNSEL FOR THE
APPLICANT.)
AND
RUCHI SOYA INDUSTRIES LTD. THROUGH
AUTHORIZED SIGNATORY MR. VIRENDRA S/O SHRI
SATYANARAYAN MANDOWARA, AGED ABOUT 58
Y E A R S , OCCUPATION : SERVICE, ADDRESS: 301,
MAHAKOSH HOUSE, 7/5, SOUTH TUKOGANJ, DISTRICT
INDORE (MADHYA PRADESH)
.....RESPONDENTS
(SHRI KSHITIJ VYAS, LEARNED COUNSEL FOR THE RESPONDENT.)
MISC. CRIMINAL CASE No. 56663 of 2022
BETWEEN:-
N.S. BALAMUKUNDAN S/O N.S. PARTHASARATHI, AGED
ABOUT 59 YEARS, OCCUPATION: BUSINESS, R/O 01
RAGAVAIASH ROAD, T.NAGAR. CHENNAI, (TAMIL
NADU)
Signature Not Verified
Signed by: DIVYANSH
SHUKLA
Signing time: 10-05-2023
17:21:43
6
.....APPLICANT
(SHRI SYED ASIF ALI WARSI, LEARNED COUNSEL FOR THE
APPLICANT.)
AND
RUCHI SOYA INDUSTRIES LTD. THROUGH
AUTHORIZED SIGNATORY MR. VIRENDRA S/O SHRI
SATYANARAYAN MANDOWARA, AGED ABOUT 58
Y E A R S , OCCUPATION : SERVICE, ADDRESS: 301,
MAHAKOSH HOUSE, 7/5, SOUTH TUKOGANJ, DISTRICT
INDORE (MADHYA PRADESH)
.....RESPONDENTS
(SHRI KSHITIJ VYAS, LEARNED COUNSEL FOR THE RESPONDENT.)
This application coming on for orders this day, th e court passed the
following:
ORDER
(1) The respondent initiated proceedings under Section 138 of N.I. Act against the applicant being Director of company Biomax Fuels Limited. After receiving the summon, the applicant approached before this Court by of petition under Section 482 of Cr.P.C. i.e. Misc. Criminal Cased No.30875/2019, M.Cr.C. No.33556/2019, M.Cr.C. No.33561/2019, M.Cr.C. No.33563/2019, M.Cr.C. No.33571/2019, M.Cr.C. No.33573/2019, M.Cr.C. No.33577/2019, M.Cr.C. No.33579/2019, M.Cr.C. No.33581/2019 and M.Cr.C. No.33582/2019 stating that he had already resigned from the Directorship of the company w.e.f. 29.12.2016, hence, complaint case are liable to be quashed. During pendency of the said Misc.Criminal cases, the learned Trial Court had allowed an application under Section 143 of N.I. Act. directing all the accused to deposit of 20% of cheque amount as interim compensation.
(2) The above Misc. Criminal cases came to be listed before this Court on 16.09.2022 wherein applicant made statement about willingness to deposit Signature Not Verified his part of 10% of cheque amount within a period of two months. Accordingly, Signed by: DIVYANSH SHUKLA Signing time: 10-05-2023 17:21:43 7 above, Misc. Criminal Cases were disposed of with certain direction.
(3) Now the applicant has filed these petitions for quashment of proceedings of Criminal Cases on the same ground that he had already resigned from the post of Director and he is not responsible for day to day affairs of the company. The applicant also came up with the plea that the Mula Ravinder Director of the said company who is accused No.2 has executed an affidavit absolving the applicant from all the liabilities.
(4) Shri Warsi, learned counsel for the applicant submits that the applicant has never instructed his counsel to propose depositing of 10% of cheque amount within a period of two months. The applicant has filed petitions for quashment of criminal cases which were not considered on merit.
(5) Shri Vivek Singh and Shri Kshitij Vyas, learned counsel for the respondent submits that present petitions under Section 482 of Cr.P.C. are not maintainable as earlier order passed by this Court disposing of the petitions is in existence.
(6) It is correct that in earlier Misc. Criminal Cases filed by the applicant, he sought quashment of complaint cases and by way of these petitions, applicant is seeking quashment of same complaint cases.The order dated 16.09.2022 passed by this Court is in existence, thus these petitions are not maintainable on the same facts and grounds. Earlier Misc. Criminal cases were filed for quashment of complaint case but these were disposed of to deposit 10% of cheque amount.
In view of above, all the Misc. Criminal cases filed by the applicant are not maintainable and are dismissed accordingly.
Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 10-05-2023 17:21:43 8(VIVEK RUSIA) JUDGE Divyansh Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 10-05-2023 17:21:43