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2022 (7) TMI 815 - HC - Indian LawsDishonor of Cheque - Request of passport particulars in connection with the investigation into the affairs of M/s. Vasan Health Care Private Limited under Section 212 of the Companies Act, 2013 - criminal complaint under Section 138 of Negotiable Instruments Act, 1881, pending against the petitioner - HELD THAT:- This Court is not expressing any opinion as regard the merits of the contention of the petitioner, as the learned senior panel counsel for the respondent would submit that the said decision is not applicable to the facts of the instant case. No prejudice will be caused to the petitioner if he is directed to submit an explanation to the impugned communication received from the respondent, within a time frame to be fixed by this Court by giving reasons as to why the requirement for getting permission from the concerned Criminal Court with regard to the pendency of the criminal complaint under Section 138 of the Negotiable Instruments Act, is not required. No prejudice will also be caused to the respondent if the petitioner's explanation is considered on merits and in accordance with law, after affording a fair hearing to the petitioner including, granting him the right of personal hearing. This Court directs the petitioner to submit an explanation to the impugned communication dated 23.02.2022, giving his reasons as to why the requirement for obtaining permission from the concerned Criminal Court for renewal of his passport where a prosecution has been lodged under Section 138 of the Negotiable Instruments Act, is not required, within a period of one (1) week from the date of receipt of a copy of this order and on receipt of the said explanation, the respondent shall pass final orders on merits and in accordance with law - Petition disposed off.
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