Bombay High Court
Aarti Shailesh Shah vs Satish Vasant Dharukkar And Anr on 17 July, 2023
Author: Sarang V. Kotwal
Bench: Sarang V. Kotwal
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.747 OF 2023
Aarti Shailesh Shah ..... Applicant
Versus
Dr. Satish Vasant Dharukkar
and another .... Respondents
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Mr. Tariq Khan, Advocate for the Applicant.
Mr. Arfan Sait, APP for the Respondent-State.
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CORAM : SARANG V. KOTWAL, J.
DATE : 17th JULY, 2023
P.C. :
1. The Applicant has challenged the order dated
27.11.2019 passed by the Metropolitan Magistrate, 63 rd
Court, Andheri, Mumbai in Case No.4822/SS/2019 issuing
process against the Applicant under Section 138 of the
Negotiable Instruments Act, 1881 (for short, 'N.I. Act').
2. The complaint is filed by the Respondent No.1 on
the allegations that the Applicant and her husband obtained
a loan of Rs.12 Lakhs from him in the year 2018. Out of
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Deshmane(PS)
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which, Rs.3 Lakhs were paid by the Applicant's husband and
Rs.9 Lakhs were outstanding for which three cheques were
issued by both the accused i.e. the Applicant and her
husband from their joint bank account. The cheques were of
Rs.3 Lakhs each. The cheques were dishonored and after
following due procedure the complaint was filed.
3. Learned counsel for the Applicant invited my
attention to the copies of the cheques which were signed by
the Applicant's husband i.e. the original accused No.1 alone.
He submitted that though the cheques in question were
issued from the joint bank account, those were signed only
by the accused No.1 i.e. the Applicant's husband. And,
therefore, the Applicant cannot be brought within the
purview of Section 138 of the N.I. Act.
4. Learned counsel for the Applicant relied on the
judgment of the Hon'ble Supreme Court in the case of
Aparna A. Shah Vs. Sheth Developers Pvt. Ltd. & Ors.
decided on 1.7.2013 in Criminal Appeal No.813/2013.
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5. Considering these submissions, it is necessary to
hear the other side. Learned counsel for the Applicant has
made out a case for grant of ad-interim relief.
6. Hence, the following order:
:: O R D E R ::
i. Issue notice to the Respondents, returnable on 13.9.2023.
ii. Till then, there shall be ad-interim relief in terms of prayer clause (2), qua the present Applicant only. iii. Stand over to 13.9.2023.
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