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Bombay High Court

Ronak Mehta vs Bdr Pharmaceuticals International ... on 9 March, 2022

Author: Revati Mohite Dere

Bench: Revati Mohite Dere

NISHA     Digitally signed by NISHA
          SANDEEP CHITNIS
SANDEEP   Date: 2022.03.11 15:34:25
CHITNIS   +0530


                                                                                           29-wp.249.2022.doc


                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CRIMINAL APPELLATE JURISDICTION

                                            CRIMINAL WRIT PETITION NO.249 OF 2022

                               Ronak Mehta                                        ...Petitioner
                                    Versus
                               BDR Pharmaceuticals
                               International Private Limited and Anr.             ...Respondents

                               Mr. Gaurav M. Parkar, for the Petitioner.

                               Ms. Anamika Malhotra, A.P.P for the Respondent No.2- State.

                                                         CORAM : REVATI MOHITE DERE, J.

DATE : 9th MARCH 2022 P.C. :

1. At the outset, learned counsel for the petitioner seeks leave to amend the cause title of the petition. Leave granted. Amendment to be carried out forthwith.
2. Heard learned counsel for the petitioner.
3. Learned Counsel for the petitioner submits that the petitioner is an Non-Executive Director of accused No.1 - Priyanka Infra Private Limited. He relied on Form No. DIR - 12, which is on page 25 of the N. S. Chitnis 1/2 29-wp.249.2022.doc petition, in support of his submission. He submits that as a Non-

Executive Director, the petitioner was not responsible for the day-to-day affairs of the Company. He submits that the petitioner is not also a signatory to the cheque in question which has been dishonoured.

4. Issue notice to the respondents, returnable on 12th April 2022. Learned A.P.P waives notice on behalf of respondent No.2 - State. In addition to Court notice, petitioner to serve the respondent No.1, by private notice and file affidavit of service before the next date.

5. Learned Counsel for the petitioner to supply a spare copy in the Registry on or before 16th March 2022, so as to enable the Registry to issue notice to the respondent No.1.

6. In the meantime, till the next date, the trial Court to defer the proceeding being C.C. No.176/SS/2021, qua the petitioner.

REVATI MOHITE DERE, J.

N. S. Chitnis 2/2