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2021 Supreme(Bom) 1476

SANDEEP K.SHINDE
J. B. D. Finance And Investment Ltd – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Ashok M. Saraogi, Advocate, A.R. Patil, Advocate

JUDGMENT

Sandeep K. Shinde, J. - Rule.

2. Rule made returnable forthwith. Heard, finally with the consent of the parties.

3. These petitions under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, are directed against the order dated 21st November, 2019 (a common order) by which the Petitioners application, for release and the restoration of property attached under Section 83 of the Code of Criminal Procedure, 1973, has been rejected by the Metropolitan Magistrate 28th Court at Esplanade Mumbai.

4. Background facts are ;

The Respondent No.2 M/s Sampark Marketing Advertising Solution Pvt. Ltd. filed complaints under Section 138 of the Negotiable Instruments Act against the Petitioner Company, being Case Nos. CC/447/SS/2005; CC/448/SS/2005; CC/449/SS/2005; CC/450/SS/2005; CC/451/SS/2005; CC/27/SS/2013. In these complaints proclamation was issued against Dinesh Singh Lakra, director of the Petitioner Company, followed by order attachment under Section 83 of Cr.P.C. of the property, being Flat No.302, at Golden Empire Co.Op. Housing Society Ltd., Mira Road, Dist. Thane (Property for short). Pursuant thereto, on 28th January, 2008, a Dist

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