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2019 Supreme(Bom) 1305

S.S.SHINDE
Sunil Bhai Sheth – Appellant
Versus
Agricore Commodities Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
Niranjan Mundargi, Adv., Anuj Jhaveri, Adv., Hrishikesh Chawan, Adv., S.R. Agarkar, Adv.

JUDGMENT :

S.S. Shinde, J.

Rule. Rule made returnable forthwith, with the consent of counsel appearing for the parties petition is being heard finally.

2. This Petition takes an exception to the judgment and order dated 21st January 2019 passed by the learned Sessions Court at Bombay in Misc. Criminal Application No. 1570 of 2018 in Criminal Revision Application, thereby rejecting the Petitioner's application for condonation of delay in filing the Criminal Revision Application.

3. It is the case of the Petitioner that, Respondent No. 1 has filed a Criminal Complaint No. 5627/SS/2016 in the Court of Metropolitan Magistrate 23rd Court, Esplanade Court, At Mumbai on 20/12/2016 against the present Petitioner and 8 others, and in said case the trial Court has passed the order of issuance of process. It is alleged that, the Petitioner herein is the Director of one Anil Mines and Minerals Pvt. Ltd. Company (for short 'said Company') looking after the day to day affairs and businesses of the said company. It is alleged in the complaint that, the said company for its operational convenience, requested the Respondent No. 1 to advances invoices with respect of sales contracts in the name of the s

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