16-APL-938-2021.doc Rohit Ghuge IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.938 OF 2021 Pradeep Savla And Ors … Applicants Versus M OF s. Premier Core Industries and anr. … Respondents with CRIMINAL APPLICATION NO.337 OF 2020 Pradeep Savla And Ors Versus M OF s. Premier Core Industries (a Partnership Firm) with CRIMINAL APPLICATION NO.1199 OF 2021 Pradeep Savla And Ors Versus M OF s. Premier Core Industries and anr. with CRIMINAL APPLICATION NO.947 OF 2021 Pradeep Savla And Ors Versus M OF s. Premier Core Industries Through Its Partner Mrs Benny Dicta A Rasquina and anr. with CRIMINAL APPLICATION NO.949 OF 2021 Pradeep Savla And Ors Versus M OF s Premier Core Industries Through Its Partner Mrs Benny Dicta A Rasquina and anr. 16-APL-938-2021.doc Rohit Ghuge _________________________________________________________________ Mr.Niket Harit a/w M. Kashif Wahedna i/b Manoj Harit & Co., Advocate for the Applicant in all matters. Mr. Dhananjay Bhosale a/w Mithun Kaire, Advocate for Respondent No. 1 in all matters. Mr. S. S. Pednekar, APP for Respondent-State. _________________________________________________________________ CORAM : SHIVKUMAR DIGE, J. DATE : 4th MARCH, 2026. P.C. : 1. The issue involved in these five applications are the same. Hence, I am deciding all these applications by this common order. 2. It is contention of the learned counsel for the Applicant’s that the applicants ceased to be Directors of the company in the year 2018 i.e. before issuance of the cheque. But, the learned Trial Court did not consider this fact and passed issue process order, which is erroneous and requested to allow the applications. 3. The learned counsel for the Respondent No. 2 strongly objected to allow the applications on the ground that whether the applicants resigned from the directorship or not is part of evidence, which has to be proved by way of evidence. The learned trial court has passed a well reasoned order and requested to reject the applications. 4. Learned APP submits that appropriate order be passed. 5. I have heard all learned counsel. Perused documents produced on record. 6. It appears from record that in Complaint No. CC/259/2019, the date of issuance of the cheque is 15.03.2019, whereas the date of dishonour of the cheque is 16.03.2019 and Applicant No.1 had resigned on 20.09.2018, Applicant No.2 resigned on 25.06.2018, Applicant No.3 16-APL-938-2021.doc Rohit Ghuge resigned on 30.05.2018, and Applicant No. 4 resigned on 09.05.2018 i.e before issuance of the cheque. The Ministry of Corporate Affairs, who is supervisory body confirms the dates of resignation of the applicants. CRIMINAL APPLICATION APL/337/2020 Sr. No. Date of Cheque Date of Resignation Complaint No. 1 15/02/2019 & 16/02/2019 (Date of Dishonour of the said Cheque) 20/09/2018 (APP. No.1) 25/06/2018 (App. No.2) 30/05/2018 (App. No.3) 15/07/2018 (App. No.4) CC/222/2019 Alongwith CRIMINAL APPLICATION APL/938/2021 Sr. No. Date of Cheque Date of Resignation Complaint No. 1 15/10/2018 & 16/10/2018 (Date of Dishonour of the said Cheque) 20/09/2018 (APP. No.1) 25/06/2018 (App. No.2) 30/05/2018 (App. No.3) 15/07/2018 (App. No.4) CC/475/2018 Alongwith CRIMINAL APPLICATION APL/947/2021 Sr. No. Date of Cheque Date of Resignation Complaint No. 1 15/11/2018 & 17/11/2018 (Date of Dishonour of the said Cheque) 20/09/2018 (APP. No.1) 25/06/2018 (App. No.2) 30/05/2018 (App. No.3) 15/07/2018 (App. No.4) CC/31/2019 Alongwith CRIMINAL APPLICATION APL/949/2021 Sr. No. Date of Cheque Date of Resignation Complaint No. 1 15/12/2018 & 17/12/2018 (Date of Dishonour of the said 20/09/2018 (APP. No.1) 25/06/2018 (App. No.2) CC/73/2019 16-APL-938-2021.doc Rohit Ghuge Cheque) 30/05/2018 (App. No.3) 15/07/2018 (App. No.4) Alongwith CRIMINAL APPLICATION APL/1199/2021 FOR QUASHING OF ISSUE PROCESS Sr. No. Date of Cheque Date of Resignation Complaint No. 1 15/03/2019 & 15/03/2019 (Date of Dishonour of the said Cheque) 20/09/2018 (APP. No.1) 25/06/2018 (App. No.2) 30/05/2018 (App. No.3) 15/07/2018 (App. No.4) CC/259/2019 The documents of Ministry of Corporate Affairs shows that the applicants have resigned from the said company before the date of issuance of the cheque, but this fact is not considered by this learned Magistrate before passing issue process order. 7. Considering these facts, I pass following order. ORDER (i) All Applications are allowed and disposed of. (ii) The issue process order’s dated 30.07.2019 passed by learned Metropolitan Magistrate, 27th Court, Mulund, Mumbai against all applicants are quashed and set aside. (iii) Considering the submissions of both learned counsel, the trial Court is requested to expedite the trial. (SHIVKUMAR DIGE, J.)