Interim Order 1

Order Details: Order
Pdf Text: CC No.2994/SS/2018
Exh.13
ORDER BELOW EXH.13
Read the application and say of complainant at
Exh.14. Heard both sides. Perused record.
2. At the outset the accused Nos.2, 4, 5 and 6 are
contending that they have resigned from the accused company
on 01/05/2018 and even they are not the signatories of the
cheques in question. Accordingly, their presence is not required.
Accordingly, they prayed for dispensing with their personal
attendance till further order.
3. On the contrary, the complainant has contended
that these accused were the part and parcel of the transaction
and were incharge of the accused company at the relevant time
and therefore, their presence cannot be dispensed with.
4. Perusal of record shows that the alleged transaction
in question is pertaining to the year 2017 and cheques are
issued during the period from 07/03/2018 to 07/06/2018. In
such circumstances, even if the contentions of these accused that
they have resigned on 01/05/2018 is accepted as it is, it does
not absolve them from the liability arising out of the transaction
in question. In such circumstances, there appears absolutely no
justifiable reason for dispensing with their personal attendance.
Hence, following order :
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CC No.2994/SS/2018
Exh.13
ORDER
1) Application stands rejected.
2) However, these accused are at liberty to file
applications on every date seeking exemption from
their attendance and they shall attend the court as
and when required.
Date : 12/06/2026
( D. P. Kasat )
Judicial Magistrate, First Class
63rd Court, Andheri, Mumbai
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