Bombay High Court
Pradnya Pramod Bapat vs Dr. Vishwas Murlidhar Sapatnekar And ... on 18 July, 2022
Author: Prakash D. Naik
Bench: Prakash D. Naik
37-APL-1122-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 1122 OF 2021
Pradnya Pramod Bapat ...Applicant
Versus
Vidya Vishwas Sapatnekar
Through Power Of Attorney Holder
Vishwas Murlidhar Sapatnekar And Anr. ...Respondents
WITH
CRIMINAL APPLICATION NO. 1121 OF 2021
Vaishali Kashinath Gadre ...Applicant
Versus
Dr. Vishwas Murlidhar Sapatnekar And Anr. ...Respondents
WITH
CRIMINAL APPLICATION NO. 1123 OF 2021
Pradnya Pramod Bapat ...Applicant
Versus
Dr. Vishwas Murlidhar Sapatnekar And Anr. ...Respondents
WITH
CRIMINAL APPLICATION NO. 1124 OF 2021
Vaishali Kashinath Gadre ...Applicant
Versus
Vidya Vishwas Sapatnekar
Through Power Of Attorney Holder
Vishwas Murlidhar Sapatnekar And Anr. ...Respondents
....
Mr. Indrajeet Kulkarni i/by Ms. Sucheta D. Ghaisas, Advocate for the
Applicant.
Mr. Arfan Sait, APP for the Respondent - State.
....
CORAM : PRAKASH D. NAIK, J.
DATE : 18th JULY, 2022. Digitally signed by SAJAKALI SAJAKALI LIYAKAT JAMADAR LIYAKAT Date: JAMADAR 2022.07.19 15:53:44 +0530 Sajakali Jamadar 1 of 2 37-APL-1122-2021.doc PER COURT:
1. The applicants in all these applications are aggrieved by the order of process issued by learned J.M.F.C. 4 th Court, Thane for offence punishable under Section 138 of Negotiable Instruments Act.
2. The applicants are impleaded as partners of M/s. Trikaya Hospitality. The contention of the applicants is that, no role has been assigned to them for invoking Section 141 of Negotiable Instruments Act. They are not signatory to the cheques. The learned Magistrate has mechanically issued the process. The complaint mentions that the accused No.1 is partnership firm and accused Nos. 2 to 4 are partners of accused No.1. In paragraph - 11 of the complaint, it is alleged that the accused had acted in collusion with each other and have cheated the complainant and indulged in unfair trade practice.
3. Issue notice to Respondent No.1, returnable on 22 nd August, 2022.
4. In the meantime, the applicants are exempted from appearing before the trial Court till the next date of hearing.
(PRAKASH D. NAIK, J.)
Sajakali Jamadar 2 of 2