Dhananjay V. Sathe vs Hitachi Koki India Limited And Anr
2023 Latest Caselaw 3926 Bom

                                                        8-9-apl-376-377-2023.doc


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

                 CRIMINAL APPLICATION NO.376 OF 2023


 Dhananjay V. Sathe                            ... Applicant
            V/s.
 Hitachi Koki India Limited and Anr            ... Respondents

                                WITH
                 CRIMINAL APPLICATION NO.377 OF 2023

 Anant Hegde                                   ... Applicant
            V/s.
 Hitachi Koki India Limited and Anr            ... Respondents

 Mr. Taraq Sayed with Mr. Sandeep R. Karnik for the
 applicant.
 Ms. M.R. Tidke, APP for the respondent No.2/State.


                               CORAM    : AMIT BORKAR, J.

                               DATED    : APRIL 19, 2023
 P.C.:

1. Issue notice to respondent No.1, returnable on 4th July 2023.

2. Prima facie based on judgment of this Court dated 10 th December 2002 in Summary Suit No.1410 of 2000, it appears that this Court has recorded a finding that articles of association of defendant No.5/Company confers power on the chairman act on behalf of company. The allegation against the applicant in Criminal Application No.377 of 2023 is that he unauthorizedly signed the bill of exchange issued in favour of the complainant.

8-9-apl-376-377-2023.doc

3. The allegations against the applicant in Criminal Application No.376 of 2023 is that he is brother-in-law of accused No.1 and has conspired with accused No.1 for issuance of bill of exchange without authority. Hence, prima facie case for grant of ad-interim relief is made out.

4. In both the petitions, there shall be ad-interim relief in terms of prayer clause (c) till 4th July 2023.

(AMIT BORKAR, J.)