Ashishkumar

Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. WRIT PETITION NO. 2592 OF 2019 Hema Manoj Date And Anr. ....Petitioner V/S M/s. Eashkrupa Shiping And Logistics (i) Pvt. Ltd. And Anr. ....Respondent Mr.Akshay Prakash Shinde for Petitioners. Mr.A.R.Kapadnis- APP for the State. CORAM : SURENDRA PANDHARINATH TAVADE, J DATE : 2nd January, 2020 P.C. : Stand over to 30/01/2020 ( FOR REGISTRAR JUDICIAL - I )

Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2592 OF 2019 Petitioners Respondents Mr. Manoj Badgujar i/b Mr. Akshay Prakash Shinde for the Petitioners None for the Respondent No.1 Mr. A. R. Patil, A.P.P for the Respondent No.2–State CORAM : REVATI MOHITE DERE, J. (THROUGH VIDEO-CONFERENCING) THURSDAY, 6th JANUARY 2022 P.C. : 1 Heard learned counsel for the petitioners. 2 By this petition, the petitioners have impugned the order issuing process as against the petitioners. Learned counsel for the petitioners submits that the petitioner No. 1 is the wife of Manoj Date, the proprietor of M/s. Anuj Textiles and the petitioner No. 2 is the mother of Manoj Date. He submits that both the petitioners are not concerned with the proprietary concern i.e. M/s. Anuj Textiles. He further submits that Manoj Date, as a proprietor of M/s. Anuj Textiles, had issued the cheques in question, which are dishonoured and that the petitioners have been arraigned as accused by virtue of their relations with Manoj Date and that they are not concerned with the said transaction. 3 Issue notice to the respondents, returnable on 3rd February 2022. Learned A.P.P waives notice on behalf of the respondent No. 2-State. In addition to Court notice, petitioners to serve the respondent No.1 by Advocate's notice and file an affidavit of service before the returnable date. 4 In the meantime, till the next date, the proceedings qua the petitioners, is stayed. REVATI MOHITE DERE, J.

Order - Status 9: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2592 OF 2019 Hema Manoj Date And Anr. ...Petitioners Versus M/s. Eashkrupa Shiping And Logistics (I) Pvt. Ltd. And Anr. ...Respondents Mr. Manoj Badgujar i/by Mr. Akshay Shinde, Advocate for the Petitioners. …. Mr. Govinda S. Gupta h/f Mr. Ashish Verma, Advocate for Respondent No.1. …. Mr. A. R. Patil, APP for the Respondent – State. CORAM : PRAKASH D. NAIK, J. DATE : 28th SEPTEMBER, 2022. PER COURT : The petition was circulated at the instance of respondent No.1. Learned Advocate Mr. Govind Gupta submits that the arguing counsel appearing for respondent No.1 is in difficulty and hence the petition may be adjourned. Stand over to 14th November, 2022. (PRAKASH D. NAIK, J.)

Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2592 OF 2019 Hema Manoj Date And Anr. ...Petitioner Versus M/s.. Eashkrupa Shiping And Logistics (I) Pvt. Ltd. And Anr. ...Respondents …. Mr. Manoj Badgujar i/by Mr. Akshay P. Shinde, Advocate for the Petitioner. None for respondent No.1. Mr. A. R. Patil, APP for the Respondent – State. CORAM : PRAKASH D. NAIK, J. DATE : 30th SEPTEMBER, 2022. PER COURT : Not on Board. Taken on Board. Papers are produced for extension of interim relief granted by this Court. By order dated 06.01.2022, the proceedings before the trial Court were stayed qua the petitioner till the next date of hearing. Thereafter, the petition was listed on 28.09.2022 at the instance of the respondent and it was adjourned to 14.11.2022 but interim order dated 06.01.2022 has not been extended. Hence, the interim order is extended till the next date of hearing i.e. on 14.11.2022. (PRAKASH D. NAIK, J.) Sajakali Jamadar 1 of 1

Order - Status 13: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.2592 OF 2019 Hema Manoj Date & Anr. … Petitioners V/s. Eashkrupa Shiping & Logistics (I) Pvt. Ltd. & Anr. … Respondents Mr. Manoj Badgujar i/by Mr. Akshay Shinde for the petitioners. Mr. Ashish Verma for the respondent No.1. Mr. A.R. Patil, APP for the State. CORAM : AMIT BORKAR, J. DATED : NOVEMBER 14, 2022 P.C.: Stand over to 2nd December, 2022. Ad-interim relief granted earlier is extended till 5th December, 2022. (AMIT BORKAR, J.)

Order - Status 16: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.2592 OF 2019 Hema Manoj Date & Anr. … Petitioners V/s. Eashkrupa Shipping & Logistics (I) Pvt Ltd. & Anr. … Respondents Mr. Manoj Badgujar i/by Mr. Akshay P. Shide for the petitioners. Mr. Ashish Kumar Verma for respondent no.1. Mr. A.R. Patil, APP for the respondent no.2/State. CORAM : AMIT BORKAR, J. DATED : DECEMBER 2, 2022 P.C.: The petitioners are accused nos.3 and 4. From the averments in the complaint, it is clear that accused no.1 is a proprietary firm of which accused no.2 is the sole proprietor. As per averments in the complaint, accused no.3 is the wife of accused no.2 and accused no.4 is the mother of accused no.2. In relation to the proprietary firm, it is stated in the complaint that accused nos.2, 3 and 4 jointly handled the day-to-day business affairs of respondent no.1 firm and, therefore, accused nos.3 and 4 are vicariously liable for the cheque issued by the accused no.1. Since accused no.1 is neither a firm nor a company, the provisions of section 141 of the Negotiable Instruments Act, 1881 are not attracted. Arguable questions are raised. Rule. There shall be interim relief in terms of prayer clause (c) qua the petitioners only. (AMIT BORKAR, J.)

Order - Status 18: Ghuge IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.2592 OF 2019 Hema Manoj Date and Anr … Petitioners V/s. M/s. Eashkrupa Shipping and Logistics (I) Pvt. Ltd and Anr … Respondents Mr. Manoj Badgujar i/b Mr. Akshay Shinde for the petitioners. Mr. Ashwinkumar Verma for the respondent No.1. Mr. A.R. Patil, APP for the State/respondent No.2. CORAM : AMIT BORKAR, J. DATED : APRIL 26, 2023 P.C.: Learned advocate for the respondent No.1, on instructions, of the complainant the complainant has no objection to set aside the order dated 19th January, 2019. The order order dated 16th June, 2017 passed against the petitioners. He states that the complainant has no objection to quash the complaint against the petitioners. In view of consent of the complainant/respondent No.1, the writ petition is allowed in terms of prayer clause (b). (AMIT BORKAR, J.)