SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.215 OF 2011 WITH CRIMINAL APPLICATION NO.216 OF 2011 WITH CRIMINAL APPLICATION NO.217 OF 2011 WITH CRIMINAL APPLICATION NO.218 OF 2011 WITH CRIMINAL APPLICATION NO.219 OF 2011 M/s. K. Sera Sera Production Pvt. Ltd. ...Applicant. v/s. Global Trade Finance Ltd. And Anr. ...Respondents. Ms Dipali Chimal i/by Shri Ashok Bhatia, advs. For the Applicant. Ms U.V.Kejriwal, APP For the Respondent No.2/State. CORAM : J.H. BHATIA, J. DATED : APRIL 8, 2011. P.C. 1 Heard the learned counsel for the applicant, who is accused no.1 in all the five cases bearing nos.2100/SS/08, 2166/SS/2008, 2165/SS/08, 2244/SS/08, 2371/SS/08. In each case, complaint is filed by the respondent no.1 under Section 138 of the Negotiable Instruments Act. Applicant/Accused No.1 is the company. Accused nos.2 to 15 in each case are the directors or other functionaries of the company. It appears that the trial Court recorded the plea of different accused persons on different dates. However, plea of the accused no.10 has not been so far recorded because he has not appeared in spite of service of a summons. Grievance of the applicant is that without recording the plea of the accused no.10, the trial Court is proceeding with the trial of the cases and this is illegal. Applicant seeks to quash and set aside the plea recorded as well as to dismiss the complaints. 2 After hearing the parties, the learned counsel for the applicant, I do not find any illegality or irregularity in the proceedings before the trial Court. It appears that because there are 15 accused persons and in spite of summons to them, all of them did not appear at a time. The trial Court for the sake convenience decided to record plea of the different accused persons on different dates according to their availability. In the result, plea of the accused no.10 has not been so far recorded. If the trial proceeded and concluded without recording plea of the accused no.10, accused no.10 may be benefited and he may claim that case has been tried without recording his plea and he can not be convicted but that plea can not be taken by the other accused persons, whose plea have been recorded. In view of this, I find no substance in the present applications. 3 In the result, all these applications stand dismissed. (J.H. BHATIA,J.)