Bombay High Court
A. N. Enterprises Prop. Akhtar ... vs State Of Maharashtra And Anr on 30 June, 2022
Author: Prakash D. Naik
Bench: Prakash D. Naik
13-APL-1386-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 1386 OF 2021
A. N. Enterprises
Prop. Akhtar Kamaluddin Shaikh ...Applicant
Versus
State Of Maharashtra And Anr. ...Respondents
....
Mr. Nilesh Toshnival a/w Mr. Piyush Toshniwal i/by Mr. Ashish Pawar,
Advocate for the Applicant.
Mr. A. P. Khamkhedkar, APP for the Respondent - State.
CORAM : PRAKASH D. NAIK, J.
DATE : 30th JUNE, 2022.
PER COURT:
1. The applicant is accused in Summary Criminal Case No.1504 of 2015 filed by Respondent No.2 for offence punishable under Section 138 of Negotiable Instruments Act. In view of decision of the Hon'ble Supreme Court in the case of M/s. Meters and Instruments Private Limited and Another V/s. Kanchan Mehta 1 the applicant had preferred an application before the trial Court in accordance with Section 258 of Cr.P.C. to stop the proceedings on the ground that the applicant had deposited entire check amount in the case. The learned Magistrate vide order dated 26 th November, 2019 directed the applicant to pay interest of compensation. In Digitally signed 1 2017 AIR (SC) 4594 by SAJAKALI SAJAKALI LIYAKAT JAMADAR LIYAKAT Date:
JAMADAR 2022.07.01
13:23:05
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13-APL-1386-2021.doc
view of the said order the applicant had paid the amount of Rs.3,50,500/- to Respondent No.2 towards check amount, compensation, cost and interest against check of Rs.2,00,000/-. Thereafter the applicant filed an application for disposal of the said case. The learned Magistrate vide order dated 26 th October, 2021 rejected the said application on the ground that Section 258 of Cr.P.C. is not applicable to the complaint under Section 138 of Negotiable Instruments Act, in the light of subsequent decision of the Apex Court in the case that Re : Expeditious Trial of cases under 138 of Negotiable Instruments Act, 1881, the learned Magistrate has proceeding with the case. It is submitted that the complainant is also contesting the proceedings inspite of the fact that the demand draft of cheque amount has been submitted in the Court and the directions to pay cost as well as the compensation were complied by the applicant.
2. Considering the aforesaid issues, notice is issued to Respondent No.2, returnable on 1st August, 2022.
3. In the meantime, there shall be ad-interim relief in terms of prayer clause '(c)'.
(PRAKASH D. NAIK, J.)
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