Writ petition challenging issuance of process against a company and its directors for cheque dishonor. Court held that prima facie offense under Section 138 and 141 NI Act was made out despite non-production of documents. Judgment summarily dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
906-wp-4795-2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
WRIT PETITION No. 4795 OF 2018
M/s. Niki Gears Pvt. Ltd. & Ors. ...Petitioners
Versus
M/s. A to Z Alloys Pvt. Ltd. & Anr. ...Respondents
Mr.Hasnain Kazi a/w. Mr.R.K.Shaikh, Mr.Raeed Kazi i/b. Ms.Shraddha Vavhal for the Petitioners. Mrs. Veera Shinde, APP for Respondent No.2- State.
CORAM: MRS.MRIDULA BHATKAR, J. DATED : 16 JANUARY 2019
P.C.:
Trupti Page 1 of 3
906-wp-4795-2018.doc
the original complaint. He has further submitted that the said accused No.2, who is not the petitioner, but the director of the company has signed the cheques and the present petitioners are not the signatories to the said cheques. He has further submitted that in sub para 3 of the complaint, the complainant has stated that the petitioners along with accused No.2 were actively involved in the entire transaction from the date of execution of various documents. However, those documents are not produced before the learned Magistrate and so the learned Magistrate has not taken into account those documents, but has issued process only on the basis of the complaint, which is illegal and, therefore, it is to be quashed and set aside.
Trupti Page 2 of 3
906-wp-4795-2018.doc
issuance of process. No illegality is found in the order dated 8th June, 2018 passed by the learned Metropolitan Magistrate, 70th Court, Mazgaon, Mumbai. Hence, Writ Petition is summarily dismissed.
(MRIDULA BHATKAR, J.)
Trupti Page 3 of 3
2 issues framed by the court
Whether issuance of process against petitioners without production of relevant documents renders the Magistrate's order illegal.
Whether a writ petition challenging the issuance of process under Section 138 NI Act should be allowed.
2 provisions across 1 enactments
M/s. Niki Gears Pvt. Ltd.
M/s. A to Z Alloys Pvt. Ltd.
Mrs. Mridula Bhatkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
