M/S. Rohit And Company vs The State Of Maharashtra And Ors
2022 Latest Caselaw 9019 Bom

                                 1 of 2                15.WP.840.2017.doc




         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CIVIL APPELLATE JURISDICTION

            CRIMINAL WRIT PETITION NO.840 OF 2017

M/s.Rohit and Company                                  Petitioner
      versus
The State of Maharashtra and others                    Respondents

Mr.Devendra Tiwari i/by Law Chamber of Siddharth Murarka,
Advocate for petitioner.
Mr.Arfan Sait, APP, for State.

                         CORAM :      PRAKASH D. NAIK, J.

                         DATE    :    8th September 2022
PC :

1. The petitioner is the original complainant. The complaint was filed for the offence u/s.138 of Negotiable Instruments Act (`N.I.Act'). Respondent nos.2 to 4 were convicted for the offence u/s.138 of N.I.Act. Vide judgment and order dated 31 st December 2013 by the Court of learned Metropolitan Magistrate, 6th Court, Mazgaon, Sewree, Mumbai in C.C No.353/SS/2013. The judgment of conviction was challenged by said respondents before Sessions Court by preferring criminal revision application. Learned Sessions Judge after converting the revision application into an appeal, remanded the case back to Trial Court vide judgment and order dated 22nd September 2016.

2. It is submitted that there was sufficient evidence against accused to convict the respondents for offence u/s.138 of N.I.Act on the basis of which the Trial Court had convicted them. There was no case for remanding the case back to Trial Court. In fact, the 2 of 2 15.WP.840.2017.doc

observations made by the Sessions Court indicate that relevant documents were adduced in evidence. The petitioner is aggrieved by said order. It is submitted that Trial Court is insisting for going on with the matter and in the event Trial Court proceeds with the matter, this petition would become infructuous.

3. Issue notice to respondent nos.2 to 4 returnable on 10 th October 2022. Spare copy for issuing notice be provided in registry.

4. In the mean time, till the next date of hearing, the Trial Court shall not proceed with the matter.

(PRAKASH D. NAIK, J.)

MST