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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

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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