- 1 - 5668 rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5668 OF 2010 D Lima Cecil Wayne & ors .. Applicants (Orig.Accd nos. 2,5 & 6) vs IPCA Laboratories Ltd & anr .. Respondents Mr.Neville D.Deboo for Applicants Mr.S.A.Shaikh APP for Respondent-State CORAM: N.D.DESHPANDE, J DATE: 24th March,2011 PER COURT 1. The present Criminal application is arising out of criminal proceeding registered as criminal complaint no. 2635/SS/2005 before the learned Metropolitan Magistrate, 43rd Court, Borivali Mumbai registered under section 138 of the Negotiable Instrument Act. The complainant is a company who is respondent no.1,filed a complaint case against M/s Saphire - 2 - 5668 LifeScience Pvt.Ltd and five other directors. The present applicant are shown as directors-accused nos. 2,5 and 6 in the complaint. 2. They have been served with summons and they had given appearance before the trial court. Summons were served on them in 2005. The same are not being challenged by them by this criminal application after about five years. The main contention of the applicant- accused is that they were not directors at the material time and they stood retired as directors of the company prior to 2003. The case is registered in the year 2005 on account of bouncing of cheque issued in 2004. As such, they are not concerned with the complaint case and present prosecution therefore requires to be quashed. 3. Another grievance stated by the applicant - 3 - 5668 is that despite appearance given by them through a lawyer, their case is not making any progress. 4. Admittedly, grounds taken herein are not stated by them before the trial court for appropriate relief. Present Criminal Revision Application challenging the issuance of process way back in 2005 cannot be entertained now. For such delay and latches, there is no satisfactory explanation. I therefore, allow the applicant to withdraw this application with liberty to move the trial court for expediting the hearing and also for granting exemption from personal appearance in accordance with provisions of section 205 of Cr.P.C. All defences raised by the applicant in this application and all contentions made herein are open for further contest before the trial court. - 4 - 5668 With these observations, present Criminal Application stands dismissed. (N.D.Deshpande,J)