Vaishali Kashinath Gadre vs Mrs. Vidya Vishwas Sapatnekar And Anr on 23 March, 2023

[Cites 2, Cited by 30]

Bombay High Court

Vaishali Kashinath Gadre vs Mrs. Vidya Vishwas Sapatnekar And Anr on 23 March, 2023

Bench: Amit Borkar

                                                     5-apl285-2023+8+10.doc


 AGK
       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
            CRIMINAL APPELLATE JURISDICTION

              CRIMINAL APPLICATION NO.285 OF 2023
                             WITH
              CRIMINAL APPLICATION NO.289 OF 2023
                             WITH
              CRIMINAL APPLICATION NO.291 OF 2023


 Pradnya Pramod Bapat                          ... Applicant
            V/s.
 Vidya Vishwas Sapatnekar & Anr.               ... Respondents

                             WITH
              CRIMINAL APPLICATION NO.286 OF 2023
                             WITH
              CRIMINAL APPLICATION NO.287 OF 2023
                             WITH
              CRIMINAL APPLICATION NO.290 OF 2023

 Vaishali Kashinath Gadre                      ... Applicant
             V/s.
 Vidya Vishwas Sapatnekar & Anr.               ... Respondents


 None for the applicant.
 Mr. Arfan Sait, APP for State in APL/285/2023,
 287/2023 & 291/2023.
 Mr. M.G. Patil, APP for State in APL/286/2023 &
 289/2023
 Mr. A.R. Patil, APP for State in APL/290/2023.

                               CORAM : AMIT BORKAR, J.

                               DATED    : MARCH 23, 2023
 P.C.:

1. The applicants in all these applications are aggrieved by the 1 ::: Uploaded on - 23/03/2023 ::: Downloaded on - 24/03/2023 18:17:54 ::: 5-apl285-2023+8+10.doc order of process issued by the learned Judicial Magistrate First Class, Thane for offence punishable under section 138 of the Negotiable Instruments Act, 1881.

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 the Negotiable Instruments Act, 1881. 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 the respondent no.1, returnable on 3rd May 2023.

4. In the meantime, the applicants are exempted from appearing before the Trial Court till 3rd May 2023.

(AMIT BORKAR, J.) 2 ::: Uploaded on - 23/03/2023 ::: Downloaded on - 24/03/2023 18:17:54 :::

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