Partly allowed

Sailesh Sreeramulu and Anr. v. Vistra Itcl (India) Ltd. and Ors.

Bombay HC8 Jan 2019WP/65/2019

Case brief

AI extract

What is this about?

This judgment is a single-paragraph order disposing of three criminal writ petitions. The High Court allowed the petitioners in two petitions to challenge a order under the Negotiable Instruments Act but disposed the third petition by listing it for future action under section 143A.

What did the court decide?

Allowed petitions to challenge conditional order under Negotiable Instruments Act; directed Magistrate to pass orders under section 143A.

Sailesh Sreeramulu and Anr. Vs Vistra Itcl (India) Ltd. and… — Cheque Dishonour | Bombay HC (2019)

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Sherla V.

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wp.63.2019+_910 n 912.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL WRIT PETITION NO.63 OF 2019

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Shri Sailesh Sreeramulu & anr. … Petitioners Vs. Vistra ITCL (India) Ltd. & Ors. … Respondents

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With CRIMINAL WRIT PETITION NO.65 OF 2019

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Shri Sailesh Sreeramulu & anr. … Petitioners

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Vs.

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Vistra ITCL (India) Ltd. & Ors. … Respondents

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With CRIMINAL WRIT PETITION NO.64 OF 2019

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Shri Sailesh Sreeramulu & anr. … Petitioners

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Vs. Vistra ITCL (India) Ltd. & Ors. … Respondents

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Mr.Mayur Khandeparkar I/b E.A. Sasi for the Petitioner in WP/63/2019 Mr.E.A. Sasi for Petitioner in WP/64/2019 and WP/65/2019 Mr.Rajesh Kanojia with Deepika Prabhala I/b Res Juris for Resp. No.1

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Mr.Vinod Chate, APP, for Respondent – State in WP/63/2019 and WP/64/2019

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Ms.Veera Shinde, for respondent – State in WP/65/2009

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Page 1 of 3

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wp.63.2019+_910 n 912.doc

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CORAM: Mrs.MRIDULA BHATKAR, J.

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DATED: JANUARY 8, 2019

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P.C.:

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Leave to amend to incorporate some typographical errors in the petition. Leave to file Vakalatnama.

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In Writ Petition Nos.63 of 2019 and 65 of 2019, the petitioners against whom the process is issued under section 138 r/w 141 of the Negotiable Instruments Act, have challenged the order dated 22.10.2018 passed by the learned Metropolitan Magistrate, 33^rd Court, Ballard Pier Mumbai in CC No.7059/SS/2018 by which the learned Metropolitan Magistrate has passed a conditional order in respect of plea and directed to deposit 20% of the cheque amount against each of the petitioners. In Writ Petition No.64 of 2019, the petitioner has prayed for quashing of the process dated 6.7.2018. The said prayer is not made in the other two Writ Petitions.

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Rule. Rule made returnable forthwith by consent of the parties. By this common order, Writ Petition Nos.63 of 2019 and 65 of 2019 are being decided finally and Writ Petition No.64 of 2019 is partly decided.

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Page 2 of 3

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wp.63.2019+_910 n 912.doc

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Perused the order dated 22.10.2018. The order is passed on an exemption application moved by the accused persons. The learned Counsel for the respondent/original complainant is directed to move application under section 143A for depositing the cheque amount and the learned Magistrate to pass a separate order by taking steps under section 143A in accordance with law. The learned Magistrate is directed to pass a separate order on the exemption application. All the accused persons are directed to appear before the learned Magistrate on 21^st January, 2019. The learned Magistrate to consider the application filed u/s 143A keeping in view of all the provisions of section 143A.

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Writ Petition Nos.63 of 2019 and 65 of 2019 are accordingly disposed of. Writ Petition No.64 of 2019 is kept pending and be listed on 5.3.2019.

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(MRIDULA BHATKAR, J.)

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Page 3 of 3

Sailesh Sreeramulu and Anr. v. Vistra Itcl (India) Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

Sailesh Sreeramulu and Anr. v. Vistra Itcl (India) Ltd. and Ors.

Case brief

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What did the court decide?

What the court decided

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