37apl 447 of 2017.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 447 OF 2017 Yatish Goyal .. Applicant Versus Neena Ashok Shah Through Constituted Attorney Mr. Dilipkumar Atmaram Nagpal and Anr. .. Respondents ....................  Ms. Mehernaz Contractor i/b. M/s. Bafna Law Associates, Advocate for Applicant.  Mr. Sukanta A. Karmakar, APP for the Respondent – State. ................… CORAM : MILIND N. JADHAV, J. DATE : AUGUST 14, 2026 P. C. : 1. Heard Ms. Contractor, learned Advocate for the Applicant and Mr. Karmakar, learned APP for the Respondent–State. 2. This Application was heard along with Criminal Application No. 439 of 2017, today. Mr. Yatish Goyal, who is the Applicant, is admittedly an employee of the company. This is what is argued by the learned Advocate appearing for the Applicant. Considering that he is an employee of the Company, his case would be on a stronger and higher footing than that of the Director of the Company. Insofar as the Rajeshri Aher 1 of 2 RAJESHRI PRAKASH AHER Digitally signed by RAJESHRI PRAKASH AHER Date: 2026.08.20 20:40:34 +0530 37apl 447 of 2017.odt Director of the Company is concerned, this Court has already passed an order in Criminal Application No. 438 of 2017 on 17th March, 2026. Today, with regard to the same cause of action, Criminal Application No. 439 of 2017 qua the Director has also been disposed of. 3. The learned Advocate for the Applicant apprises the Court that the Applicant Yatish Goyal was not involved in issuance of the cheque. In that view of the matter, the said issue having not been considered by the Additional Sessions Judge as well as the the learned Metropolitan Magistrate, this Court will, therefore, have to interfere with the said decisions passed by them. In that view of the matter, the Criminal Application stands allowed. 4. The issue process order dated 18th October, 2013, passed by the learned Metropolitan Magistrate 20th Court, Mazgaon, Mumbai in C.C. No. 1046/SS/13 and order dated 4th March, 2015, passed by learned Additional Sessions Judge, Greater Bombay in Criminal Revision Application No. 1574 of 2013, are quashed and set aside. 5. The Criminal Application is allowed and disposed of accordingly. [ MILIND N. JADHAV, J. ] Rajeshri Aher 2 of 2