Andhra Pradesh High Court - Amravati
M/S.Vtx Industries Ltd vs The State Of Andhra Pradesh on 10 May, 2023
19
HIGH COURT OF ANDHRA PRADESH
MAIN CASE NO : Crl.P.No.3426 of 2023
PROCEEDING SHEET
Sl. Date ORDER OFFICE
No. NOTE
BSB, J
1. 10.05.2023 I.A.No.1 of 2023
Heard.
Dispensed with for one month for filing
certified copy.
_________________
B.S.BHANUMATHI,J
Crl.P.No.3426 of 2023
Heard the learned counsel for the petitioners.
He submitted that the petitioner who is A-2 before
the trial Court, is initially shown to be representing
A.1 Company as its Managing Director and while
being so, issue of NBW against A-1 and A-2 was
ordered by the trial Court, but later the
petitioner/A-2 filed petition under Section 70(2)
Cr.P.C. to recall the warrant against him and the
same was allowed, but the NBW ordered against A-1
is still pending, though it was brought to the notice
of the learned Magistrate that A-1 is under
liquidation even by the date of filing of the
complaint and that A-2 cannot represent A-1 in the
capacity of the Managing Director. He further
submitted that the order directing issue of NBW
against A-1 being represented by A-2 is bad in law in
view of the pendency of liquidation proceedings of
2
A-1.
It is noticed that A-2 alone filed a petition to
recall NBW pending against him, but the learned
Magistrate has not taken any view on issue or
executability of NBW against A-1 being represented
by A-2. As such, the petitioner/A-2 is permitted to
approach the trial Court seeking appropriate relief in
this matter even before appearance of R-2 herein
before this Court. Learned Magistrate is at liberty to
decide the same, irrespective of pendency of the
proceeding here, before final disposal of this
petition.
Notice to Respondent no.2.
Learned counsel for the petitioners is permitted to take out personal service of notice to respondent no.2 through RPAD and file proof thereof.
Post on 28.06.2023.
_________________ B.S.BHANUMATHI,J PNV