Imperial Techsol Priavate ... vs The State Of Maharashtra And Anr
2021 Latest Caselaw 15913 Bom

                      Rane                         1/2            WP-1447-2021(SR.12)
                                                                           16.11.2021


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                  CRIMINAL APPELLATE JURISDICTION
NEETA
SHAILESH                          WRIT PETITION NO. 1447 OF 2021
SAWANT
Digitally signed by
NEETA SHAILESH
SAWANT
Date: 2021.11.16
18:12:57 +0530
                      Imperial Techsol Private
                      Limited and Ors.                        .....Petitioners
                            V/s.
                      The State of Maharashtra
                      and anr.                                .....Respondents

                                            ****
                      Mr. Yashpal M . Thakur, Advocate for the petitioners.

                      Mr. Y.M. Nakhawa, APP for State.


                                       Coram : Sandeep K. Shinde, J.

Tuesday, 16th November, 2021.

P.C. :

1. Heard.

2. Applicant's case is that, the payee has not

issued notice to the drawer, as required under Section 138 of

the Negotiable Instruments Act. Herein, M/s. Imperial Techsol

Private Limited is the drawer of the cheque in question.

However, notice was issued to the Board of Directors,

Imperial Techsol Private Limited. It is argued that the notice Rane 2/2 WP-1447-2021(SR.12) 16.11.2021

under Section 138, is required to be given to the drawer of the

cheque, so as to give the drawer an opportunity to make the

payment and escape the penal consequences. Reliance is

placed on the judgment of the Apex Court in the case of

Krishna Texport and Capital Market Limited V/s. Ila A.

Agarwal and Others, AIR 2015 SCC 2091.

3. In consideration of the facts of the case, a case is

made out for granting the ad-interim relief in terms of prayer

clause (d).

4. Issue notice to respondent no.2 returnable after

four weeks. In the meanwhile, there shall be ad-interim relief

in terms of prayer clause (d).

(Sandeep K. Shinde, J.)