Bombay High Court
EVERSIGHT TRADECOM PVT. LTD. AND ORSversusFUTURE LIFESTYLE FASHIONS LTD. THROUGH PRASHANT RANE AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The High Court quashed the impugned orders on the condition that the petitioners deposit Rs.20,00,000 and comply with the stipulated procedural directions, otherwise the writ is dismissed.
Summary
The petitioners sought to challenge three orders of the Judicial Magistrate First Class relating to the recall of a Crown Witness, non‑payment of costs, and denial of adjournment in criminal case C.C. No.4850/SS/2016. The High Court allowed the petitioners to amend their prayer and, by consent of the parties, disposed of the writ by directing the petitioners to deposit Rs.20,00,000 by 16 October 2026. The court conditioned the quashing of the impugned orders on this deposit and on the petitioners’ compliance with specific procedural directions, including completing cross‑examination within one day and not seeking further adjournments. If the amount is not deposited, the writ will be dismissed; if deposited, the challenged orders are set aside and the trial is to be concluded expeditiously. The order reflects the court’s exercise of its supervisory jurisdiction to ensure compliance with procedural requirements in the criminal trial.
Issues considered
- What is the legality and validity of the Judicial Magistrate's orders dated 2 Jan 2026, 15 Feb 2025, and 7 Apr 2026 in C.C. No.4850/SS/2016?
- Whether the petitioners can be compelled to deposit a sum of money as a condition for quashing the orders?
- Whether the petitioners must be allowed to cross‑examine the Crown Witness and the conditions attached thereto?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 311
Subjects
- Criminal Procedure
- Writ Petition
- Recall of Witness
- Cross‑examination
- Adjournment
- Deposit of Money
- Quashing of Orders
- Supervisory Jurisdiction
Judgment
10-WP-4622-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.4622 OF 2026
Eversinght Tradecom Pvt. Ltd. & Ors. …Petitioners
Versus
Future Lifestyle Fashions Ltd. …Respondents
Through Prashant Rane & Anr.
Mr. Shailesh Kharat a/w. Mr. Sanket Mane, Ms. Neelam Yadav and
Ms. Neha Pednekar, for the Petitioners.
Ms. Honey Satpal a/w. Ms. Tanya Gupta (through Video
Conferencing), Mr. Babu Sivaprakasan, Ms. Rahat Kalpani, Mr.
Vijay Srinivasan, for Respondent No.1.
Mr. P. P. Jadhav, APP, for Respondent No.2-State.
CORAM: MADHAV J. JAMDAR, J.
DATED : 6th OCTOBER 2026
PC:-
1. Heard Mr. Kharat, learned Counsel appearing for the
Petitioners, Ms. Satpal, learned Counsel appearing for Respondent
No.1 and Mr. Jadhav, learned Counsel appearing for Respondent
No.2-State.
2. At the outset, Mr. Kharat, learned Counsel appearing for the
Petitioners seeks leave to amend the prayer clause and leave to
annex a copy of the order dated 15 th February 2025 passed by the
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10-WP-4622-2026.DOC
learned Judicial Magistrate, First Class, 33 rd Court, Ballard Pier,
Mazgaon, Mumbai, below Exhibit-8 in C.C. No.4850/SS/2016.
3. Leave as prayed is granted. Amendment be carried out
forthwith. Re-verification is dispensed with.
4. By this Writ Petition the challenge is to the legality and
validity of the following orders:
i. Order dated 2nd January 2026 passed by the learned Judicial
Magistrate, First Class, 33rd Court, Ballard Pier, Mazgaon,
Mumbai, below Application filed under Section 311 of the
Code of Criminal Procedure, 1973 in C.C.
No.4850/SS/2016.
ii. Order dated 15th February 2025 passed by the learned
Judicial Magistrate, First Class, 33rd Court, Ballard Pier,
Mazgaon, Mumbai, below Exhibit-8 in C.C.
No.4850/SS/2016.
iii. Order dated 7th April 2026 passed by the learned Judicial
Magistrate, First Class, 33rd Court, Ballard Pier, Mazgaon,
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10-WP-4622-2026.DOC
Mumbai, below Adjournment Application in C.C.
No.4850/SS/2026.
5. Perusal of the record shows that Exhibit-25 application has
been filed in C.C. No.4850/SS/2026 seeking recall of C.W. No.1
and permission to further cross-examine the C.W.1. By order dated
17th January 2025, the learned Judicial Magistrate First Class, 33 rd
Court, Ballard Pier, Mumbai, allowed the said application by
passing the following Operative Order:
“O R D E R
1) The application is allowed and CW-1 is
recalled for cross-examination of accused on
following conditions:-
a) Accused shall pay additional cost of Rs.5,000/-
along-with the cost imposed in the order Dtd.
04.10.2024 to the CW-1.
b) Accused is directed to pay all the above cost to
CW-1 today itself.
c) Accused should complete his cross-
examination within one hour and complete the
cross-examination within one month.”
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6. However, the said cost has not been paid within time and
therefore, another application has been filed. Learned Judicial
Magistrate First Class has again passed the “No Cross Order” on
15th February 2025. Another application has been filed seeking
recall of the said order and by order dated 2 nd January 2026, the
said application has been rejected. Thereafter, again adjournment
application has been filed on the ground that Criminal Revision
Application No.131 of 2026 is pending before the learned Sessions
Court challenging the legality and validity of the order dated 2 nd
January 2026. The said adjournment application has also been
rejected by order dated 7th April 2026.
7. Mr. Kharat, learned Counsel appearing for the Petitioners
after arguing the matter for some time, on instructions of the
Petitioners, states that the Petitioners will deposit before the
learned Trial Court 20% of the cheque amount on or before 16 th
October 2026. The said statement made by Mr. Kharat, learned
Counsel of the Petitioners, on instructions of the Petitioners, is
accepted as undertaking given to this Court.
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8. In view of the said statement made by the Petitioners, Ms.
Satpal, learned Counsel appearing for the Respondent No.1, on
instructions, states that the Writ Petition be disposed of by passing
the following order.
9. Accordingly, by consent of the parties, the Writ Petition is
disposed of by passing the following order:
ORDER
(a) The Petitioners shall deposit an amount of
Rs.20,00,000/- (Rupees Twenty Lakh only) in the
Court of learned Judicial Magistrate First Class, 33 rd
Court, Ballard Pier, Mumbai, on or before 16 th October
2026.
(b) As noted earlier, statement made by the learned
Counsel of the Petitioners, on instructions of the
Petitioners to deposit the said amount of
Rs.20,00,000/- (Rupees Twenty Lakh only) is
accepted as undertaking given to this Court.
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(c) It is expressly made clear that if said amount of
Rs.20,00,000/- is not deposited before the learned
Judicial Magistrate First Class, 33rd Court, Ballard Pier,
Mumbai, on or before 16th October 2026, then the
Writ Petition shall stand dismissed without further
reference to the Court.
(d) If the said amount of Rs.20,00,000/- (Rupees Twenty
Lakh only) is deposited before the learned Judicial
Magistrate First Class, 33rd Court, Ballard Pier,
Mumbai, on or before 16th October 2026, then all the
impugned orders in this Writ Petition as per the
following details are quashed and set aside, on the
condition that the Petitioners shall give complete co-
operation to the learned Judicial Magistrate First
Class, 33rd Court, Ballard Pier, Mumbai, for the
disposal of C.C. No.4850/SS/2016 expeditiously.
Sr. Date of Case No.
No. Order
1. 02/01/2026 C.C. No.4850/SS/2016 (Page 27-
29)
2. 15/02/2025 Exhibit-8 in C.C. No.4850/SS/2016
(Page 29-A)
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3. 07/04/2026 Order below adjournment
application in C.C.
No.4850/SS/2016 (Page 30)
(e) The Petitioners to complete cross-examination of C.W.-
1 within one day as and when the matter is scheduled
for that purpose by the learned Judicial Magistrate
First Class, 33rd Court, Ballard Pier, Mumbai.
(f) The Petitioners shall not seek any adjournment.
(g) The statement of the learned Counsel appearing for
the Petitioners, on instructions, is accepted that the
Petitioners will examine only one witness as the
defence witness.
(h) As the case is of the year 2016, the learned Judicial
Magistrate First Class, 33rd Court, Ballard Pier,
Mumbai, is requested to conclude the trial
expeditiously.
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(i) The learned Judicial Magistrate First Class, 33rd Court,
Ballard Pier, Mumbai, to pass appropriate order
concerning said amount of Rs.20,00,000/-, if
deposited at the time of passing final judgment in said
C.C. No.4850/SS/2016.
10. Accordingly, the Writ Petition is disposed of in above terms.
[MADHAV J. JAMDAR, J.]
Digitally
signed by
SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
2026.10.07
18:48:41
+0530
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