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Bombay High Court

Mohammed Mobin Choudhary vs Impression Metal Works Corporation ... on 2 July, 2025

Author: S. M. Modak

Bench: S. M. Modak

                                                                         21-APL-693-2025+22-APL-694-2025.doc


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CRIMINAL APPELLATE JURISDICTION

                                      CRIMINAL APPLICATION NO.693 OF 2025
                                                     WITH
                                      CRIMINAL APPLICATION NO.694 OF 2025
SATISH
RAMCHANDRA            Mohammed Mobin Choudhary                                           ...Applicant
SANGAR
Digitally signed by           V/s.
SATISH RAMCHANDRA
SANGAR
Date: 2025.07.03      Impression Metal Works Corporation
11:17:01 +0530
                      Through its Partner : Hakikullah Khan
                      and Anr.                                                           ...Respondents

                                                                 *****

                      Mr.Pramod Pandey:-                           Advocate for Applicant.
                      Mr.C.D.Mali:-                                APP for Respondent No.2-State in
                                                                   Cr.Application No.693 of 2025.
                      Ms.Rashmi S. Tendulkar:-                     APP for Respondent No.2-State in
                                                                   Cr.Application No.694 of 2025.

                                                                 *****
                                                          CORAM    :     S. M. MODAK, J.
                                                          DATE     :     2nd JULY 2025
                      P. C. :-

1. Heard learned Advocate for the Applicant-Accused.

2. There is a challenge to the order of issuance of process for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. There are two Complaints. The contention is, even though the cheques are issued by the Applicant, they are issued from the Satish Sangar 1/2 ::: Uploaded on - 03/07/2025 ::: Downloaded on - 01/08/2025 21:17:37 ::: 21-APL-693-2025+22-APL-694-2025.doc account of the Partnership Firm and in fact, the another partner has accepted the responsibility by executing an Affidavit cum Undertaking and deliberately other partner is not joined as an Accused person.

3. Issue notice to the Respondents returnable on 13th August 2025. Private notice, in addition, is allowed. Affidavit of service be filed.

[S. M. MODAK, J.] Satish Sangar 2/2 ::: Uploaded on - 03/07/2025 ::: Downloaded on - 01/08/2025 21:17:37 :::