1 hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO. 1347 OF 2010 Shri. Vivek Narendra Dighe ... Applicant Versus State of Maharashtra ... Respondent Mr. S.R. Chitnis, Sr. Advocate i/by Mr. Ashish Sawant, Advocate for the applicant. Mr. S.A. Shaikhk, A.P.P. for State. CORAM : K.U. CHANDIWAL,J. DATED : SEPTEMBER 15, 2011 P.C. Heard the learned senior counsel for the applicant. Perused the complaint initiated by the Inspector and also affidavit of Suresh Deshmukh, Assistant Commissioner (Food) Greater Bombay. On reading of the complaint, it is explicit that applicant Vivek Dighe is not arraigned as accused. At the most, he may be director at the relevant time of the company. However, there is remotely any reference to his active involvement in the affairs of the company. That apart in the records, there was nominee, who was basically to be facing the 2 prosecution. Even if the nominee has left, that does not mean to get non bailable warrant issued against the applicant branding him to be director of the company. The learned senior counsel submits that before six months prior to application, applicant was not director of the said company having resigned. The affidavit of Mr. Suresh Deshmukh, informs and accepts this position. The prosecution and the non bailable warrant issued against the applicant could not have been issued and directed him to deposit Rs. 15,000/-. The proceedings initiated against the applicant are quashed. The amount of Rs.15,000/- deposited by him be returned to him. Additionally the respondents to pay cost of Rs.5,000/- to the applicant within a month from today. (K.U. CHANDIWAL,J.)