Nitin Lalasaheb Phadtare And Anr vs M/S Systematic Infotech Pvt Ltd ...
2022 Latest Caselaw 13478 Bom

                                                                      12-crwp4563-2022+13.doc


                      AGK
                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CRIMINAL APPELLATE JURISDICTION

                                     WRIT PETITION NO.4563 OF 2022
                                                 WITH
                                     WRIT PETITION NO.4565 OF 2022

         Digitally
         signed by
         ATUL

                      Nitin Lalasaheb Phadtare & Anr.               ... Petitioners
ATUL     GANESH
GANESH   KULKARNI
KULKARNI Date:
         2022.12.22
         17:21:30
         +0530
                                  V/s.
                      Systematic Infotech Pvt. Ltd. & Anr.          ... Respondents


                      Mr. Prajit S. Manrekar for the petitioners.
                      Mr. A.R. Patil, APP for respondent no.2/State in
                      WP/4563/2022.
                      Mr. R.M. Pethe, APP for respondent no.2/State in
                      WP/4565/2022.

                                                  CORAM : AMIT BORKAR, J.

                                                  DATED      : DECEMBER 22, 2022
                      P.C.:

                      Writ Petition No.4563 of 2022:

1. The petitioners are challenging order of issuance of process in a complaint filed under section 138 of the Negotiable Instruments Act, 1881. He invited my attention to paragraph 6 of the complaint wherein the complainant has stated that after the issuance of cheque, the accused have made part payment of Rs.72,000/-. In view of the said averment, he relied on the judgment of the Apex Court in Dashrathbhai Trikambhai Patel v. Hitesh Mahendrabhai Patel reported in 2022 All SCR (Cri.) 2097 wherein the Apex Court has held that in case of

12-crwp4563-2022+13.doc

part payment made after the issuance of cheque but before encashment and not endorsed on the cheque, the provisions of section 138 are not attracted.

2. In that view of the matter, issue notice to the respondent no.1, returnable on 20th February 2023.

3. Till 24th February 2023, there shall be ad-interim relief in terms of prayer clause (d) qua the petitioners only.

Criminal Writ Petition No.4565 of 2022:

Issue notice to the respondent no.1, returnable on 20th February 2023.

(AMIT BORKAR, J.)