TUSHAR R DESAI Vs. R K SINGH

JUDGEMENT

(1.) RULE. Made returnable forthwith and the matter is heard finally.

(2.) 1/2 By this application, the applicant seeks quashing of proceeding carried before the learned Chief Metropolitan Magistrate, Mumbai, in Case No.1346/S/2002, by the respondent No.1, on which order directing issuance of process was passed on 29.5.2002. According to applicant, this process itself was served upon the applicant on 10.2.2010. According to applicant, after the order directing issuance of process was passed by the learned Chief Metropolitan Magistrate, the adjudication proceeding came to an end by order dated 21st April, 2003 whereby the proceedings as against T.R. Desai i.e. the present applicant were dropped. It was held that T.R. Desai was the Director in professional capacity and could not be held to be one Incharge of the noticee company. Therefore, according to applicant since the adjudication has itself ended in favour of the applicant, there is no question of prosecution continuing against him.

(3.) WHILE deciding Hemendra M. Kotharis (supra) case, this Court has referred to on the observations of the Honble Supreme Court, in para 22 of Standard Chartered Bank vs. Directorate of Enforcement and others, A.I.R. 2006 S.C. 1301, and held in para 18 and 21 as under: