Dilipsingh Ganpatraj Lodha v. State of Maharashtra and Anr.
Case brief
What is this about?
Bombay High Court, Criminal Writ Petition No. 5847 of 2024, decided 11 March 2025 by R.N. Laddha, J. Petitioner Dilipsingh Ganpatraj Lodha (original accused No.3) challenged issuance of process under Section 138 of the Negotiable Instruments Act, 1881 in private complaint CC No.6060/SS/2017 before the Metropolitan Magistrate, 44th Court, Andheri, Mumbai. Held: writ jurisdiction under Article 226 / Section 482 Cr.P.C. should be exercised sparingly where revision before the Sessions Court is an alternate effective remedy; petition dismissed with liberty to pursue revision and seek condonation of delay; merits left open. Respondents: State of Maharashtra; M/s Logistics Integrators Pvt. Ltd. Advocates: Ms Ilsa Shaikh (petitioner); Mr Yogesh Dabke, APP (State). Keywords: alternate remedy, revision, quashing of process, Section 138 NI Act, Section 482 CrPC, writ jurisdiction.
What did the court decide?
Liberty granted to the petitioner to file appropriate proceedings before the Sessions Court, and to seek condonation of any delay if necessary.