Sunlight Power Dry Cleaners, ... vs The Agrasen Nagrisahakari Bank ...
2022 Latest Caselaw 10280 Bom

                                 1



         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   NAGPUR BENCH, NAGPUR.

           CRIMINAL APPLICATION (APL) NO. 1110/2021

         M/s. Sunlight Power Dry Cleaners, Prop.
         Premraj Gangaram Kanojiya, aged adult,
         Occ. Business, R/o. New Radhakisan
         Plots, Akola, Tq. & Dist. Akola.

                                             .....       APPLICANT/
                                                       ORI.ACCUSED

                              VERSUS

         The Agrasen Nagri Sahakari
         Bank Limited, through its Officer
         Shri Sudhir Balkisan Kabra, Aged
         adult, Occ. Service, R/o. Gandhi
         Road, Gandhi Chowk, Akola, Tq.
         & Dist. Akola.



                                                 .....NON-APPLICANT/
                                                 ORI. COMPLAINANT
_____________________________________________________________
       Mr. B. N. Mohta, Advocate with Mr. S.M. Laddha, Advocate for
       applicant.
       Mr. S. Joshi, Advocate for non-applicant.
______________________________________________________________

                    CORAM                    : VINAY JOSHI, J.

                    DATE OF JUDGMENT         : 06.10.2022.

ORAL JUDGMENT :

           Heard.


2.         Admit.

3. The applicant is an accused in S.C.C. No. 378/2015 filed by

non-applicant in terms of Section 138 of the Negotiable Instruments

Act ('N.I. Act'). The complainant is a registered Co-operative Society

from which the applicant (accused) has obtained business loan. It is a

case of complainant that towards repayment of loan amount, the

applicant issued a cheque of Rs. 6 lakhs which was dishonoured. After

complying statutory requirement, the complaint for the offence

punishable under Section 138 of the N. I. Act has been filed.

4. At the stage of defence evidence, the accused has filed

application (Exh. 73) seeking dismissal of complaint. In short, it is

contend that the non-applicant (complainant) has sought recovery

certificate in terms of Section 101 of the Maharashtra Cooperative

Societies Act and in the said proceeding, the due amount has been

deposited in the revision. On said ground, he seeks for dismissal of

complaint. It is informed that by the time defence evidence is complete

and matter is posted for final argument by the Trial Court. It is a

matter of defence to put that the amount is not legally recoverable.

Certainly, that would be an issue for final adjudication before the Trial

Court. The defence raised by accused cannot be dealt piecemeal,

therefore, I find no illegality in rejecting the application for dismissal

when the matter is placed for final arguments.

6. In view of above, application carries no merits, hence

dismissed .

(VINAY JOSHI, J.)

Gohane

JITENDRA BHARAT GOHANE Digitally signed by JITENDRA BHARAT GOHANE Date: 2022.10.10 17:13:59 +0530