JUDGMENT

Sandeep K. Shinde, J. - Rule.

2 Rule made returnable forthwith. With consent of the learned counsel for the parties, matter is taken up for final hearing forthwith.

3 This application, under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C. for short) seeks to quash the Criminal Case, S.C.C. No. S/18820 of 2019 instituted by the respondent no.1 (hereinafter called Complainant for short) under Section 138 of the Negotiable Instruments Act, 1881 (NIA for short). and summons issued therein, by the 6th Joint Chief Judicial Magistrate, First Class, Thane.

4 Back-ground facts:

The complainant, is a Chartered Accountant. He was, financial creditor, of M/s. Aryavart Chemicals Pvt. Ltd. (Corporate debtor) within the meaning of Insolvency and Bankruptcy Code, 2016. The National Company Law Tribunal (NCLT for short) in a petition filed by M/s. Panama Petrochem Limited (Operational Creditor) appointed Mr. Sandip Mehta as the Resolution Applicant (RA) and appointed three members Committee of Creditors (COC). The complainant was a member of the COC. That, out of three members, resolution plan submitted by the, RA, was approved by two members except the complainant. It appears, com