Bombay High Court
GANGAR ENTERPRISES PVT. LTDversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The revision application is allowed and the impugned Sessions Court order dated 20‑02‑2019 is quashed.
Summary
Gangar Enterprises Pvt. Ltd. and others filed a criminal revision challenging the issue process order passed in a private complaint under Section 447 of the Companies Act. The applicants relied on the precedent set in Yerram Vijay Kumar v. State of Telangana. The respondent State of Maharashtra, through its counsel, argued for the maintenance of the order. The High Court, after hearing both sides, allowed the revision application without delving into the merits of the case. Consequently, the Sessions Court order dated 20‑02‑2019 was quashed and set aside, and the revision application was disposed of along with any pending applications.
Issues considered
- Whether the issue process order under Section 447 of the Companies Act is valid and maintainable in a criminal revision.
- Whether the High Court should entertain the revision application without examining the merits of the underlying private complaint.
Legislation cited
- Companies Act — s. 447
Subjects
- Criminal revision
- Section 447
- Companies Act
- Private complaint
- Quash order
- Appellate jurisdiction
Judgment
17-REVN-21-2020 (CR).doc
S.S.Kilaje
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO. 21 OF 2020
Gangar Enterprises Pvt. Ltd & Ors. ...Applicant/s
VERSUS
The State Of Maharashtra & Anr. ...Respondent/s
_________________________________________________________________
Mr. Siddhesh Bhole a/w. Ms. Aditi Hambarde i/b SSB Legal Advisory,
SONALI
Digitally signed
by SONALI
Advocate for Applicants.
SATISH
SATISH KILAJE
Date:
KILAJE 2026.10.01
18:21:33 +0530 Mr. Balraj B. Kulkarni, APP for Respondent-State.
Advocate Burzin Bharucha a/w. Ms. Jhanavi Shah i/b White and Brief
Advocates and Solicitors, for Respondent No.2.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 30th SEPTEMBER, 2026.
P.C. :
1. Heard learned counsel for the applicants, learned APP and
learned counsel for respondent No.2.
2. Learned counsel for the applicants challenges Issue Process
Order in private complaint under Section 447 of Company’s Act and he
relied on Yerram Vijay Kumar Vs. State of Telangana and Anr.1
3. Learned counsel for respondent No.2 fairly submitted that
appropriate order be passed.
4. Considering the submission of both the learned counsel and
without going into the merit of the matter, Criminal Revision Application is
allowed.
1 2026 SCC OnLine SC 44
Page 1 of 2
17-REVN-21-2020 (CR).doc
S.S.Kilaje
5. Impugned order passed by learned Sessions Court dated
20.02.2019 is quashed and set aside.
6. Criminal Revision Application is disposed of. All pending
applications, if any, also disposed of.
(SHIVKUMAR DIGE, J.)
Page 2 of 2
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