APPLN.1459,1460, 1461, 1462, 1473-10 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 1459 OF 2010 AND CRIMINAL APPLICATION No. 1460 OF 2010 AND CRIMINAL APPLICATION No. 1461 OF 2010 AND CRIMINAL APPLICATION No. 1462 OF 2010 AND CRIMINAL APPLICATION No. 1473 OF 2010 Mr. Parag K. Sanghavi ...Applicant Vs. Global Trade Finance Ltd. & Anr. ...Respondents *** Mr. Ashok Bhatia, for the Petitioner. Mr. Yashpal Thakkar i/b Paras Kuhad & Associates for Respondent No.1 Mr. P. A. Pol, APP for Respondent-State. *** CORAM: V. M. KANADE J. DATE : SEPTEMBER 28, 2010 P.C. 1. Heard the learned counsel for the applicant. The applicant by all the criminal applications is challenging the order of issuance of process passed by the learned Magistrate on the complaints filed by APPLN.1459,1460, 1461, 1462, 1473-10 - 2 - respondent No.1 under S. 138 of the Negotiable Instruments Act. 2. It is submitted that the applicant has resigned before issuance of the cheque. It is submitted that this fact is also intimated to the complainant. All other documents reveal that he has resigned with effect from 28th February, 2007. Secondly, it is submitted that verification has also not been properly recorded. The learned counsel for respondent No.1, on the other hand, submitted that a group of criminal applications filed by the other accused in the complaints were dismissed by this Court by an order dated 18th August, 2010. It is submitted that in the present case plea was recorded in August, 2009 and the complaint was filed in the year 2008. It is therefore, submitted that in view of the judgments of the Apex Court, the application for quashing the complaints cannot be entertained on these grounds. 3. In my view, the submissions made by the learned counsel for the applicant cannot be accepted. It appears that applications filed by the other co-accused were rejected by this Court by an order dated 18th August, 2010 in Cri. Application No. 1680/2010, 1659/2010, 1681/ 2010, 1682/2010, 1683/2010. In the present case plea was recorded in almost one year ago. In view of the various judgments of the Apex Court, therefore, the submission of the learned counsel for the applicant APPLN.1459,1460, 1461, 1462, 1473-10 - 3 - that on the ground of verification not properly recorded, cannot be now entertained. So far as question of resignation is concerned, since this fact is disputed by the complainant, the said fact will have to be decided only at the time of the trial. Therefore, all the criminal applications are dismissed. 4. The applicant is however, exempted from appearing in the trial Court and his statement may be recorded as per the provisions of S. 313 (5) Cr.P.C through the advocate, if the he undertakes to the trial Court that he will not dispute the identity, and correctness of the evidence recorded in his absence and also the answers recorded in the statement under S. 313 Cr.P.C. If the advocate for the applicant remains absent on more than two occasions in the trial Court, the learned Magistrate shall proceed to the pass suitable orders for the purpose of securing presence of the applicant/accused. [ V. M. KANADE J.]