Naveen Sriram Luthra vs Ajanta Packaging And Anr
2023 Latest Caselaw 8800 Bom

                                                               1 of 3                          4-APL-1041-2023


                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CRIMINAL APPELLATE JURISDICTION

                                          CRIMINAL APPLICATION NO. 1041 OF 2023
                        Naveen Sriram Luthra                                              ...Applicant
                               Versus
                        Ajanta Packaging & Ors                                        ...Respondents

                                                      ------------
                        Mr. Rammani G. Upadhyay, Advocate, for Applicant.
                        Mr. S.H. Yadav, APP, for State/Respondent.
          Digitally
          signed by
                                                      ------------
          ASHWINI
ASHWINI   JANARDAN
JANARDAN VALLAKATI
VALLAKATI Date:
          2023.08.29
          12:30:36
          +0530                                       CORAM : SARANG V. KOTWAL, J.
                                                      DATE : 28th AUGUST 2023
                        PC :

                        1.               Leave to amend is granted to add the "Union Territory of

                        Daman & Diu" as party Respondent. Amendment shall be carried

                        out forthwith.


                        2.               The Applicant has challenged the order passed below

                        Exhibit 151/D dated 5th August 2023, passed by the Judicial

                        Magistrate First Class, at Daman in S.C.C. No.159 of 2015.


                        3.               The Complaint was filed by the Respondent No.1 against

                        the Accused No.1 company M/s. Luthra Water Systems Pvt. Ltd.

                        The present Applicant was the Accused No.2. It was the complaint


                             Ashwini V




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 filed under Section 138 r/w 141 of the Negotiable Instruments Act,

 1881. During pendency of the said complaint, insolvency

 proceedings were initiated against the Accused No.1 company

 resulting finally in liquidation process.             It is the case of the

 Applicant that after the Resolution Professional appointed, the

 Applicant or the other directors can not represent the Accused

 No.1 company. He relied on the Judgment of the Hon'ble Supreme

 Court in the case of V.K. Jain vs. KSL Industries Ltd. & Ors. dated

 11th April 2016 passed in Criminal Appeal No.663 of 2016.

 According to the learned Counsel for the Applicant, the learned

 trial Judge erred in holding that the Hon'ble Supreme Court had

 observed that the issue of personal liability was not touched in the

 said Judgment. Learned Counsel for the Applicant submitted that

 the issue herein is about the representation of the company in the

 Criminal proceeding and not about the personal liability.                         That

 issue is separate and it is not raised in the Application under which

 the impugned order was passed.


 4.               Considering these submissions, it is necessary to hear the

 other side. Till this issue is answered, the ad-interim relief will

      Ashwini V




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 have to be granted to the Applicant.


 5.               Hence, the following order:


                                                   ORDER

i) Issue notice to the Respondents, returnable on

2nd November 2023.

ii) Till then, there shall be ad-interim relief in terms

of prayer clause (b).

iii) Stand over to 2nd November 2023.

(SARANG V. KOTWAL, J.)

Ashwini V