Sanjay Bohra vs Mitesh Janak Turakhia And Anr
2021 Latest Caselaw 16288 Bom

SHAMBHAVI
NILESH                                                                7-APL-1282-2019.odt
SHIVGAN
Digitally signed by
SHAMBHAVI
NILESH SHIVGAN
Date: 2021.11.24        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
18:44:22 +0530
                             CRIMINAL APPELLATE JURISDICTION

                                CRIMINAL APPLICATION NO.1282 OF 2019

                      Sanjay Bohra                               ... Applicant
                           Vs
                      Mitesh Janak Turakhia and
                      Anr.                                     ... Respondents
                                                    ...

Mr. Kashyap Bhalerao for the Applicant. Mr. Girish Kedia with Mr. Manoj Agre for R.No.1. Smt. M.R.Tidke, APP for the Respondent-State.

CORAM : SANDEEP K. SHINDE J.

DATE : NOVEMBER 24, 2021.

P.C. :

Applicant is facing the trial in Criminal Case

No.366/MISC/2019 under Section 138 read with Section

141 of the Negotiable Instruments Act, 1881. Applicant

is drawer of cheque and M/s. AVN Petrochemicals India

2 is drawee, a proprietary firm owned by Mr. Mitesh

Janak Turakhia. The cheque was returned 'Unpaid' and

thus, complaint was filed. Applicant would contend that

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complaint was not maintainable being not filed by

drawee, M/s. AVN Petrochemicals India 2. He relies on

the judgment of the Apex Court in Himanshu v. B.

Shivamurthy 2019(3) SCC 797 wherein the Apex

Court has held in paragraph 14 thus,

"14 The provisions of Section 141 postulate that if the person committing an offence under Section 138 is a company, every person, who at the time when the offence was committed was in charge of or was responsible to the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished."

2 In the case in hand, AVN Petrochemicals India

2, is a trade name of proprietary concern of the

complainant. It is not a 'Company' or firm or

Association of Persons within the meaning of Clause (a)

of explanation appended to Section 141 of the

Negotiable Instruments Act, 1881. In view of this fact,

the ratio laid down in the cited judgment, is not

applicable to this case.

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3           For these reasons, the Criminal Application is

rejected.

                             (SANDEEP K. SHINDE, J.)




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