HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION Nos.7149, 7154 and 7158 of 2009 COMMON ORDER: The petitioner/A.2 in this batch of three criminal petitions is accused of offence punishable under Section 138 of the Negotiable Instruments Act (in short, the Act). These three criminal petitions are left out of the entire batch which were disposed of by this Court previously. The common order dated 01.02.2011 passed by this Court in Criminal Petition Nos.6149, 6151, 7150, 7811, 7812, 7815, 7816, 7822, 7824, 7827 and 7828 of 2009 is squarely applicable to these three cases on hand. It is contended by the petitioner’s counsel that the said common order dated 01.02.2011 passed by this Court requires re-consideration because the criminal Court cannot take note of a subsequent event to find an accused person liable for the offence. It is contended that the order dated 14.08.2009 passed by the Company Law Board in C.P.No.14 of 2007 and pendency of the matter against that order in this High Court, are subsequent events on which this Court should not have placed reliance. In my opinion, the order dated 14.08.2009 passed by the Company Law Board in C.P.No.14 of 2007 relates back to the date of filing of C.P.No.14 of 2007 and it declared position of the parties and management of the Company as on the date of commencement of lis therefor. In that view of the matter, the said order cannot be termed as a subsequent event. The petitioner’s counsel placed reliance on M.L.Gupta v DCM Financial Services Limited[1] of the Delhi High Court and unreported decision of the Supreme Court in Mrs.Anita Malhotra v Apparel Export Promotion Council in Criminal Appeal No.2033 of 2011 dated 08.11.2011. For the proposition laid down therein, there cannot be any quarrel. This Court in the common order dated 01.02.2011 also accepted the said proposition. There are no circumstances to re-consider the previous common order dated 01.02.2011 passed by this Court which is squarely applicable to these three cases. In the result, all the three criminal petitions are dismissed. ____________________________ SAMUDRALA GOVINDARAJULU,J Dt. 9th December, 2011. PNV [1] II (2010) BC 216