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Bombay High Court

KEYUR MADHUSUDAN SHAHversusNIZAR NOORALI RANGARA AND ORS

Decided
Disposal
Disposed Off

Holding

The Official Liquidator cannot be added as a party‑respondent but may be examined as a witness.

Summary

The applicants filed multiple criminal revision applications challenging an order of the Additional Sessions Judge that had added the Official Liquidator as a party‑respondent in appeals concerning convictions under Section 138 read with 141 of the Negotiable Instruments Act. The applicants argued that the Official Liquidator should not be impleaded as a party but could be examined as a witness. The respondents sought to examine the Official Liquidator to establish that the blockage of accounts was due to official reasons beyond their control. The High Court held that the Official Liquidator cannot be added as a party‑respondent and may be examined only as a witness under Section 391 of the Criminal Procedure Code. The matter was remanded to the Sessions Court to permit examination of the Official Liquidator or his representative and to decide the appeals on their merits.

Issues considered

  • Whether the Official Liquidator can be impleaded as a party‑respondent in a criminal appeal.
  • Whether the Official Liquidator may be examined as a witness under Section 391 of the Cr.P.C.

Legislation cited

Subjects

  • Criminal revision
  • Official Liquidator
  • Party‑respondent
  • Witness examination
  • Negotiable Instruments Act
  • Section 138
  • Section 391 CrPC
  • Appellate jurisdiction

Judgment

                                                                       107-REVN-552-2024 (CR).doc


                      Shubhada S Kadam


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                CRIMINAL REVISION APPLICATION NO. 552 OF 2024
                                                Keyur Madhusudan Shah
                                                         versus
                                             Nizar Noorali Rangara And Ors

                                                    WITH
                                CRIMINAL REVISION APPLICATION NO. 553 OF 2024
                                                Keyur Madhusudan Shah
                                                         versus
                                             Nizar Noorali Rangara and anr.

                                                    WITH
                                CRIMINAL REVISION APPLICATION NO. 554 OF 2024
                                                Keyur Madhusudan Shah
                                                         versus
                                             Nizar Noorali Rangara and anr.

                                                    WITH
                                CRIMINAL REVISION APPLICATION NO. 555 OF 2024

                                         Dahyabhai Share And Stock Brokers Ltd.,
                                                         versus
                                              Nizar Noorali Rangara and anr.

                                                    WITH
                                CRIMINAL REVISION APPLICATION NO. 556 OF 2024

                                        Dahyabhai Share And Stock Brokers Ltd
                                                        versus
                                            Nizar Noorali Rangara and anr.
                      _________________________________________________________________
                      Mr. Anosh Sequeira along with Ms. Miloni Sheth and Ms. Rutika Ingle i/b.
                      V.R.Law, Advocates for Applicant in all matters.
                      Mr. Manish Bohra, Advocate for Respondents in all matters.
                      Ms. Kranti Hivrale, APP for Respondent-State.
         Digitally
         signed by
         SHUBHADA
                      _________________________________________________________________
SHUBHADA SHANKAR
SHANKAR KADAM
KADAM    Date:
         2026.02.24
         11:04:44
         +0530
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                                                  107-REVN-552-2024 (CR).doc


Shubhada S Kadam



                                   CORAM      :    SHIVKUMAR DIGE, J.
                                   DATE       :    20th FEBRUARY, 2026.
P.C. :

1.         By these revision applications, the applicants have challenged

the impugned order dated 9th May 2022 passed by learned Additional

Sessions Judge, City Civil and Session Court, Greater Mumbai (for short

“the Appellate Court”) in Criminal Appeal No.152 of 2018 thereby

allowing the appeals filed by respondent Nos.1 and 2 directing, to add

Official Liquidator as party-respondent. The Appellate Court has set-aside

the judgment and order dated 6th January 2018           passed by learned

Metropolitan Magistrate, 70th Court, Mazgaon, Mumbai, by which,

respondent Nos.1 and 2 were convicted for the the offences punishable

under Section 138 read with 141 of the Negotiable Instruments Act, 1881.

2.         Learned counsel for the applicants submits that the learned

Sessions Court be directed to examine the Official Liquidator or his

representative as witness before the Sessions Court without adding him as

a party-respondent.

3.         Learned counsel for respondent Nos.1 and 2 submits that

respondent Nos.1 and 2 want to prove their case by examining the Official

Liquidator or his representative to ascertain whether the accounts of

accused No.1-Company and respondent Nos.1 and 2 were blocked due to


                               Page 2 of 4
                                                    107-REVN-552-2024 (CR).doc


Shubhada S Kadam


official reason or any other reason which was beyond the control of

respondent Nos.1 and 2.

4.          Both learned counsel submit that the applications be disposed

by giving direction to the Sessions Court to permit the parties to examine

the Official Liquidator or his representative as witness in support of their

contentions.

5.          In view of above, I pass following order :

                                   ORDER

     (i)   The applications are partly allowed.

     (ii) The direction given by learned Sessions Court to implead the

           Official Liquidator as party respondent is quashed and set-aside.

     (iii) The Official Liquidator or his representative can be examined as

           witness by either of the parties.

     (iv) As this Court has come to the conclusion that the Official

           Liquidator cannot be added as party, learned Sessions Judge

           shall permit both the parties to lead evidence in support of their

           case as directed under Section 391 of the Cr.P.C. and examine

           the Official Liquidator or his representative as witness.

      (v) All contentions of both parties are kept open.

      (vi) It is made clear that the matter is remanded back for only this

           limited purpose to learned Sessions Court. The learned Sessions


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                                                 107-REVN-552-2024 (CR).doc


Shubhada S Kadam


          Court shall examine the Official Liquidator or his representative

          as witness and decide the appeals on its own merits.

           The revision applications stand disposed of in above terms.



                                                   (SHIVKUMAR DIGE, J.)




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