1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 3228 OF 2009 Champalal Mangilal Jain Versus State of Maharashtra and another *** Mr. S. M. Godsay, Advocate i/b Mr. J. R. Shah, Advocate for the Applicant. Mr. K. M. Suryawanshi, Advocate for the Respondent No.3. *** CORAM: K. U. CHANDIWAL, J. DATED: 25th SEPTEMBER, 2009. 1. Heard. The learned counsel for the accused/ applicant seeks exercise of powers under section 438 Cr.P.C. in Crime no.7 of 2005 registered at Nandurbar Taluka Police Station for the offence under section 420, 468, 471, 109 read with 34 of IPC and under section 3 and 7 of the Essential Commodities Act. 2. The F.I.R. of the Tahsildar/ complainant Rahul Ramesh Patil illustrate that as per the licence, issued by the competent authorities, dated 15th September, 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 2000 and 23rd April, 2002 the names of three directors are referred, however, the present accused/ applicant is not shown as a director. The learned counsel submits that, he has resigned on 1st September, 2000 and in terms of form No.32 in the Companies Act, the date of appointment of change is effective from 10th November, 2000. The fact remains, when he was not shown in the licence as on 15th September, 2000 his resignation was deemed to have been activated even by the department. The allegation of non-accounting the disposal of Nafta or not producing the End User Certificate, revolve to the period from September, 2000 to March, 2004. It indicates that at the material time there was no active or latent role of the present applicant in any activities of the said company. Non production of the certificate for large quantity of sale of Nafta could not be attributed to the credit for personal gains by the present accused/ applicant. Consequently, I do 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. not see that any custodial interrogation or recovery of document is contemplated from the accused/ applicant. Hence, order. 3. In the event of arrest of the accused/ applicant Champalal Mangilal Jain, he be released on his furnishing P.R.Bond and Surety in the sum of Rs. 50,000/- [Rupees fifty thousand only] in Crime No.7 of 2005 registered at Nandurbar Taluka Police Station, till filing charge sheet. 4. After his release, the accused/ applicant shall attend concerned investigator on every Sunday between 03.00 to 06.00 p.m. till filing charge. 5. Application allowed in above terms. [K. U. CHANDIWAL, J.] Dated:25/09/2009. ans/3228