M/s. J.B.D. Finance and Investment Ltd. vs State of Maharashtra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

BOMBAY HIGH COURT
SANDEEP K. SHINDE, J
M/s. J.B.D. Finance and Investment Ltd. – Appellant
Versus
State of Maharashtra – Respondent

Advocates:
For the Appellants/Petitioners: Mr. Ashok M. Saraogi
For the Respondents: Mr. A.R. Patil, APP

Table of Content
1. background facts of the attachment and relevant proceedings. (Para 4 , 5 , 6)
2. consideration of applications beyond the two-year rule for property release. (Para 11 , 12 , 16)
3. court's directive to the magistrate to re-evaluate the application on merits. (Para 17 , 19)

Judgment : -

1. 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

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BOMBAY HIGH COURTSANDEEP K. SHINDE, JM/s. J.B.D. Finance and Investment Ltd. – AppellantVersusState of Maharashtra – Respondent

BOMBAY HIGH COURT
SANDEEP K. SHINDE, J
M/s. J.B.D. Finance and Investment Ltd. – Appellant
Versus
State of Maharashtra – Respondent