Suba Pharmages Pharmaceutical ... vs Uni Multi Trade India Private Ltd., on 10 July, 2013

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Karnataka High Court

Suba Pharmages Pharmaceutical ... vs Uni Multi Trade India Private Ltd., on 10 July, 2013

Bench: N. Ananda

                             1




           IN THE HIGH COURT OF KARNATAKA
              CIRCUIT BENCH AT DHARWAD
         DATED THIS THE 10TH DAY OF JULY 2013
                         BEFORE
          THE HON'BLE MR. JUSTICE N. ANANDA

       CRIMINAL REVISION PETITION No.2279/2012

BETWEEN:

SUBA PHARMAGES
PHARMACEUTICAL DISTRIBUTERS
KOPPIKAR ROAD, HUBLI- 5800 020.
R/BY ITS PARTNER
SMT. H.S. SAVITA W/O. SURENDRA
BY GPA HOLDER H.S. SURENDRA
S/O. SATYANARAYANA SETTY,
AGE: 46 YEARS,
OCC: BUSINESS, R/O. HUBLI                ... PETITIONER

(By Sri.M.L.VANTI, ADV. FOR Sri.V M SHEELVANT, ADV.)

AND

1.    UNI MULTI TRADE INDIA PRIVATE LTD.,
      D-13, FLAT NO. 604, RUTU ESTATE,
      GHODBUNDER ROAD, PATLIPADA, THANE (W)
      THANE, MUMBAI- 400 607. MAHARASHTRA
      R/BY ITS MANAGING DIRECTOR

2.    ARAVIND RAMKRISHNA NENE
      MANAGING DIRECTOR, UNI MULTI TRADE INDIA
      PRIVATE LTD., T1-3, SARASWATI APARTMENT
      SHILPA HOUSING CO-OPERATIVE SOCIETY
      SOMALWADA, NAGPUR,
      MAHARASHTRA- 440 025.
                            2




3.   GAYATRI ARAVIND NENE
     MANAGING DIRECTOR,
     UNI MULTI TRADE INDIA PRIVATE LTD.,
     T1-3, SARASWATI APARTMENT
     SHILPA HOUSING CO-OPERATIVE SOCIETY
     SOMALWADA, NAGPUR,
     MAHARASHTRA- 440 025.

4.   M/S. GLOBAL BLOTECH
     D-5, RUTU ESTATE
     GHODBUNDER ROAD, PATLIPADA,
     THANE, MUMBAI-5,
     MAHARASHTRA
     REP. BY ITS CHIEF EXECUTIVE OFFICER

5.   ARVIND RAMKRISHNA NENE
     CHIEF EXECUTIVE OFFICER
     M/S.GLOBAL BLOTECH
     S-3, SARASWATI APARTMENT
     SHILPA HOUSING CO-OPERATIVE SOCIETY
     SOMALWADA, NAGPUR
     MAHARASHTRA - 440 025.

6.   THE STATE OF KARNATAKA
     R/BY SPP
     HIGH COURT OF KARNATAKA
     CIRCUIT BENCH, DHARWAD      ...   RESPONDENTS

(RESPONDENTS 1 TO 5 ARE SERVED & UNREPRESENTED)


     THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397
R/W 401 OF CR.P.C., SEEKING TO SET ASIDE THE ORDER
DATED 29.09.2012 PASSED IN CRL.RP.NO.91/2012 BY THE
FAST TRACK COURT-II, DHARWAD, SITTING AT HUBLI AND
ETC.

      THIS REVISION PETITION COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:
                               3




                         ORDER

The petitioner is the complainant. The complainant had initiated a complaint under Section 200 Cr.P.C., against accused no.1 to 5 alleging an offence punishable under Section 138 of the Negotiable Instruments Act.

2. The learned trial judge issued process not only to the Managing Director of the company (first accused) but also to other Directors of the company.

3. The accused had preferred revision petition in Crl.RP No.91/2012 before the Fast Track Court at Dharwad. The learned judge of the revisional court has held that third accused namely Gayatri Arvind Nene though a Director was not in-charge of or responsible to the company for conduct of business of the company.

4. The learned judge of revisional court considering the provisions of Section 141 of the Negotiable Instruments Act and following the judgment of this court reported in ILR 1997 KAR 3239 has held that accused no.3 was not 4 in-charge of or responsible to the company for conduct of business of the company, thus, set aside the order of Magistrate as it related to issuance of process to accused no.3.

5. On reconsideration of the matter, I do not find any infirmity in the impugned order. The petition is dismissed.

Sd/-

JUDGE Np/-

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