Gopani Iron And Power (India) Pvt. ... vs Shivmangal Ispat Pvt. Ltd. And Ors
2022 Latest Caselaw 3550 Bom

                                                                                 27. IA-2688-2021-in- APEAL-484-2016.doc




                                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                   CRIMINAL APPELLATE JURISDICTION

                                                    INTERIM APPLICATION NO. 2688 OF 2021
                                                                     IN
                                                      CRIMINAL APPEAL NO. 484 OF 2016

                              Gopani Iron And Power (india) Pvt. Ltd.             ...Applicant/Appellant
                                   Versus
                              Shivmangal Ispat Pvt. Ltd. And Ors.                 ...Respondents
                                                                ....
                              Ms. Nisha Shah a/w Mr. Amar Parab i/by Mr. Kalpesh Joshi Associates,
                              Advocate for the Applicant/Appellant
                              Mr. S. V. Gavand, APP for the Respondent - State.


                                                         CORAM      :        PRAKASH D. NAIK, J.

                                                         DATE       :        31st MARCH, 2022.

                              PER COURT:

                              1.                    The applicant is the original complainant.                    The

respondent No.1 was prosecuted for offence punishable under

Section 138 of Negotiable Instrument Act. On the complaint filed

by applicant(complainant), the case has resulted in acquittal and

the judgment of acquittal has been challenged by the applicant by

preferring Criminal Appeal No.484 of 2016. The respondent No.2

in the appeal was arraigned as an accused being director of accused

No.1. Notice has been served upon accused No.2 and he is

represented by Advocate. However, notice issued to respondent

No.1 herein in this application was returned unserved with remark Digitally signed by SAJAKALI SAJAKALI LIYAKAT JAMADAR LIYAKAT Date:

JAMADAR    2022.04.01
           18:47:24
           +0530



                              Sajakali Jamadar                          1 of 2

27. IA-2688-2021-in- APEAL-484-2016.doc

the office of company is closed.

2. Learned counsel for the applicant submitted that

attempts were made to serve respondent No.1 at the address

provided in the proceedings before the trial Court.

3. In these circumstances now it is prayed that the

applicant/complainant be permitted to serve respondent No.1 by

way of substituted service. The applicant has prayed that notice

may be permitted to served upon respondent No.1 by way of

pasting/affixing the copy of notice to some conspicuous part of the

registered address of respondent No.1 or by substituted service

through publication.

4. Considering the submissions, this application is

allowed in terms of prayer clause '(b)' of this application.

5. Application stands disposed off accordingly.

6. Stand over to 20th April, 2022 'for compliance'.

                                            (PRAKASH D. NAIK, J.)




Sajakali Jamadar                       2 of 2