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TMI Blog2023 (9) TMI 442X X X X Extracts X X X X X X X X Extracts X X X X ..... ional Chief Judicial Magistrate, Valsad as well as issuance of impugned process dated 04.09.2019 and all subsequent proceedings arising thereto. 2. Brief facts of the present case are as under: 2.1 That the present petitioner company was registered as "VKS Projects Limited" in Mumbai having Corporate Identity Registration No. L74210MH1998PLC113596 and GST No 27AAACC9164E1ZP and currently the company is under liquidation vide order dated 03.05.2018 passed in Company Petition No. 390 of 2016 by Hon'ble Bombay High Court. Office liquidator has been appointed and a notice qua the same has been issued on 23.10.2018 That, on bare perusal of the cheque as well as the ledger accolunt produced in list of documents, the company which gets reflected ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 09.2019, the applicants have approached this court by way of present application. 3. Heard learned advocate for the applicants. 4. It was submitted by learned advocate for the applicants that the applicants are falsely implicated in the impugned complaint. That the impugned complaint is nothing but a gross abuse of process of law. That, on bare perusal of the impugned complaint, it is totally misconceived. That, the disputed cheque is issued by "VKS Projects" and not by "VKS Projects Limited" - present petitioners. That because of same nature of business profile and having the office location at same building being office no. 507 and 502, Sai Sangam Building, Palm Beach Road, Sector - 15, CBD Belapur (E), Navi Mumbai - 400614 respectively ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filed by the respondent no.2-original complainant under Section 138 of the NI Act which has culminated in Criminal Case No. 4321 of 2018 pending before the court of learned 4th Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Valsad wherein vide order dated 04.09.2019, the learned trial court passed order of issuing process under Section 204 of the Code of Criminal Procedure against the accused no.1 to 5. 6. While considering the complaint filed by the complainant it appears that the Accused Company pursuant to the contract for Equipment Installation and Piping Fabrication & Installation for ANAVEN Project had requested the complainant company to make ad-hoc payment to workers of the accused company and assured for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... recent decision of the Hon'ble Supreme Court in case of Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and Ors., reported in 2021 (19) SCC 401, is required to be referred to. After taking into consideration the earlier decision on exercising the powers under Section 482 of the Code of Criminal Procedure including the decision of State of Haryana V. Bhanaj Lal, reported in 1992 Supp (1) SCC 335 . The Hon'ble Surpreme Court has observed in Para 37 and 80, which are as under: "37. Then comes the celebrated decision of this Court in the case of Bhajan Lal (supra). In the said decision, this Court considered in detail the scope of the High Court powers under section 482 Cr.P.C. and/or Article 226 of the Constitution of India to q ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. (6) Where there is an express legal bar engrafted in any of the provisions of the Code or the Act concerned (under which criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the Act concerned, providing efficacious redress for the grievance of the aggrieved party. (7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge." 8. In ..... X X X X Extracts X X X X X X X X Extracts X X X X
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