Raoul Verma vs The State Of Maharashtra And Anr
2022 Latest Caselaw 12267 Bom

                                                                       42-crwp5411-2018.doc


                      AGK

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CRIMINAL APPELLATE JURISDICTION

                                     WRIT PETITION NO.5411 OF 2018


                      Raoul Verma                               ... Petitioner
                                 V/s.
                      The State of Maharashtra & Anr.           ... Respondents


                      Mr. Santosh Avhad i/by Jayakar & Partners for the
                      petitioner.
                      Mr. A.R. Patil, APP for respondent no.1/State.



                                                  CORAM : AMIT BORKAR, J.

Digitally signed by ATUL ATUL GANESH GANESH KULKARNI KULKARNI Date:

2022.11.29 DATED : NOVEMBER 28, 2022 P.C.:

11:02:35 +0530

1. The issue involved in the application is whether in a proceeding under section 138 of the Negotiable Instruments Act, 1881, the cheque having been issued on behalf of the company is a complaint maintainable without joining the company as an accused. Prima facie, the point is covered by the judgment of the Apex Court in the case of Aneeta Hada v. Godfather Travels and Tours Pvt. Ltd. reported in (2012) 5 SCC 661.

2. Perusal of the cheque at page 20 shows that the cheque had been issued by the company. Perusal of the complaint shows that the director has been made party in his individual capacity without joining the company as an accused.

42-crwp5411-2018.doc

3. Arguable questions are raised. Rule.

4. There shall be interim relief in terms of prayer clause (b).

(AMIT BORKAR, J.)