RAJESH EXPORTS LTD. Vs. K. V. KISHORE

JUDGEMENT

(1.) The petitioner is before this Court calling in question an order dtd. 11/11/2014 passed by the XXVIII Additional Chief Metropolitan Magistrate, Bengaluru, in C.C.No.19781 of 2007 registered for offences punishable under Ss. 138, 141 and 142 of the Negotiable Instruments Act,1881 ('the Act' for short) and has sought a further direction to expeditiously dispose of C.C.No.19781 of 2007 within the time frame that would be fixed by this Court.

(2.) Shorn of unnecessary details, facts germane, are as follows:-

(3.) Certain analogous developments take place. One M/s Lalchand K. Chabria prefers a company petition before this Court in Company Petition No.221 of 2013 invoking Ss. 433(e) and (f), 434 r/w. 439 of the Companies Act, 1956 ('the Companies Act' for short) seeking winding up of the Company. On 7/8/2014, this Court allows the company petition and orders winding up of the Company. Thus, the Company gets wound up. On the order passed by this Court directing winding up of the Company, the Company files a memo with the certified copy of the order passed by this Court seeking stay of further proceedings in C.C.No.19781 of 2007, before the concerned Court. On 11/11/2014, the Court of the learned Magistrate stays its own proceedings pending in the aforesaid criminal case. On 7/7/2018, again on a memo filed, the concerned Court recalls the order dtd. 11/11/2014 and resumes the proceedings in the aforesaid two cases. This leads the Company to knock at the doors of this Court in Writ Petition No.33760 of 2018 seeking to quash the order dtd. 7/7/2018, by which the concerned Court recalled its order dtd. 11/11/2014. Since two orders were recalled, two petitions were preferred viz., W.P.Nos.33760 of 2018 and 33761 of 2018. On 23/9/2023, a coordinate Bench of this Court allows Writ Petition No.33761 of 2018 filed by the Company and restores the order dtd. 11/11/2014 by which the stay was operating. Therefore, the stay granted by the learned Magistrate stood restored. On 19/3/2024, the other writ petition in W.P.No.33760 of 2018 comes up before another coordinate bench. The said coordinate bench though allows the writ petition and sets aside the order dtd. 7/7/2018, reserves liberty to the present petitioner to challenge the order dtd. 11/11/2014. It is, therefore, the present petition is preferred by the petitioner.