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1982 Supreme(Bom) 92

S.J.DESHPANDE
Suresh Venkatrao Nerlekar (Dr. ) – Appellant
Versus
Sharanghadar Pandurang Nadkarni & others – Respondent


JUDGMENT - S.J. DESHPANDE, J.:---This is an application filed under Article 227 of the Constitution of India and also under section 482 of the Code of Criminal Procedure inviting the High Court to quash the proceeding of Criminal Case No. 21/S of 1981 pending in the Court of the Metropolitan Magistrate, 17th Court, Mazagaon, Bombay. The petitioner has not challenged any specific order in this application. Petitioner is the original accused. Respondent No. 1 is the Company by name "The Modern Mills Limited" who has filed the above criminal case under section 630(1)(b) of the Companies Act, 1956. Initially the application was filed on October 12, 1981. It appears that at the admission stage the first respondent was also served and appeared. The application at that stage was found not to be maintainable as far as quashing of the proceeding is concerned. Thereafter the petitioner was allowed to amend the petition-application and the amendment was incorporated in the application, which is at pages 7 to 9 of the paper-book. The amendment related to changing of the prayer and confining it only to the stay of the criminal proceeding pending in the Magistrates Court and also the prosecution





















































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