Urvil Akshaya Jani v. State of Maharashtra
Case brief
What is this about?
The High Court rejected five criminal applications challenging the maintainability of Section 138 complaints regarding cheque dishonour. The applicant argued that malafide insolvency proceedings and a moratorium barred the statute, which the Court rejected. Criminal applications were disposed of, and interim stay extended.
What did the court decide?
Criminal Application Nos. 121 to 124 of 2022 and 134 of 2022 rejected. Interim stay extended for four weeks.
What the court decided
Ethape 2-APL-121-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 121 OF 2022 WITH CRIMINAL APPLICATION NO. 122 OF 2022 WITH CRIMINAL APPLICATION NO. 123 OF 2022 WITH CRIMINAL APPLICATION NO. 124 OF 2022 WITH
CRIMINAL APPLICATION NO. 134 OF 2022
Urvil Akshaya Jani ...Applicant Versus State Of Maharashtra And Anr. ...Respondents
Mr. Akshay Patil a/w Mr. Umesh Wayadande a/w Mr. Rajesh Devgharkar a/w Ms. Pallavi Kamble a/w Ms. Neha Patil a/w Meghnesh Birwadkar i/by Mr. Akshay Vijay Kamble, Advocate for the Applicant.
Mr. Maitrey G. Shukla, Advocate for Respondent No.2. Mr. S. R. Agarkar, APP for the Respondent – State.
Digitally signed by DNYANESHWAR DNYANESHWAR ASHOK ETHAPE ASHOK ETHAPE Date: 2022.10.18 19:56:05 +0530
CORAM : PRAKASH D. NAIK, J. DATE : 3rd AUGUST, 2022.
PER COURT:
Issues for consideration
3 issues framed by the court
Whether Section 138 of the Negotiable Instruments Act is maintainable against an individual director who initiated insolvency proceedings obtained via malafide means.
Whether the moratorium imposed under Section 14 of the Insolvency and Bankruptcy Code bars criminal proceedings under Section 138 NI Act for offences committed prior to the moratorium.
Whether the High Court can grant interim relief pending the disposal of criminal applications challenging the impugned orders.
Parties & counsel
- applicant
Urvil Akshaya Jani
- respondent
State of Maharashtra
- respondent
Respondent No. 2
Coram
Case details
As recorded by the court registry
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