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Bombay High Court

Mrunalini Deshmukh vs L And T Finance Limited And Anr on 28 September, 2022

Author: Prakash D. Naik

Bench: Prakash D. Naik

                                                                                            518-WP-3525-2022.doc




                                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                   CRIMINAL APPELLATE JURISDICTION

                                                 CRIMINAL WRIT PETITION NO. 3525 OF 2022

                              Mrunalini Deshmukh                                 ...Petitioner
                                    Versus
                              L And T Finance Limited And Anr.                   ...Respondents
                                                                         ....
                              Mr. Girish Kulkarni a/w Mr. Karan Kadam i/by Megh Soni M/s.
                              Crawford Bayley & Co., Advocate for the Petitioner.
                              Mr. M. G. Patil, APP for the Respondent - State.


                                                       CORAM       :        PRAKASH D. NAIK, J.
                                                       DATE        :        28th SEPTEMBER, 2022.

                              PER COURT:

                              1.          Not on Board. Taken on Board.

2. The petitioner is aggrieved by the order issuing process passed by the Court of learned Metropolitan Magistrate, 23 rd Court, Esplanade, Mumbai for offence punishable under Section 138 of the Negotiable Instruments Act.

3. It is submitted that, although the petitioner was at one point of time independent director of the accused No.1 company, she had resigned from company, with effect from 29.07.2019. Submission is supported by the DIR - 12 Form. The cheques were dishonoured on 21.08.2019. The petitioner was not director of the company at the relevant time. The reason for dishonour of cheque is that the Digitally signed by SAJAKALI SAJAKALI LIYAKAT JAMADAR LIYAKAT Date: Sajakali Jamadar 1 of 2 JAMADAR 2022.09.29 11:52:29 +0530 518-WP-3525-2022.doc drawers signature is not as per mandate.

4. Issue notice to respondent No.1, returnable on 15 th November, 2022.

5. Till the next date, there shall be ad-interim relief in terms of prayer clauses (d) & (e) qua the petitioner.





                                            (PRAKASH D. NAIK, J.)




Sajakali Jamadar                       2 of 2