1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.197 OF 2010 Shashi Gopal ...Applicant. v/s. Alisha Chinai & Anr. ...Respondents. Mr.N.K.Thakur i/by Shri Prakash Naik, advs. For the Applicant. Mr. Vivek Sharma, adv. For the Respondent No.1. Shri D.R.More, APP for the R.No.2/State. CORAM : J.H. BHATIA, J. DATED : APRIL 6, 2011. P.C. 1 This application was filed for dismissal of the complaint in Criminal Case No.20/SW/2005 pending before the Chief Metropolitan Magistrate 37th Court, Esplanade Mumbai. Complaint was filed on 11.3.1996 and the process was issued on 17.6.2005. According to the applicant, who is one of the accused and the director of the accused no. 3/Company points out that the company has been closed and on 30.4.2003 liquidator was appointed by the Company Court provisionally and now the company has gone in winding up. In view of the provisions of Section 446(1) of the Companies Act, no suit or other legal proceeding shall be commenced, or if pending at the date of the winding up order, shall be proceeded with, against the company, except by leave 2 of the Court, which means Company Court. In view of this legal position, Mr. Vivek Sharma the learned counsel for the respondent no. 1/complainant makes a statement that the complainant will approach the Company Court seeking leave to continue criminal proceedings in the present case. In view of this statement, the learned counsel for the applicant/accused does not want to press this application. 2 In view of the above, this application stands disposed off as not pressed with further direction that the accused persons shall be granted exemption from appearing before the learned Magistrate, 37th Court till leave to continue the proceedings is granted by the Company Court. (J.H. BHATIA,J.)