Manganga Sahakari Sakhar ... vs Shri Gurudatta Sugars Marketing ...
2023 Latest Caselaw 4556 Bom

                                                            4-apl430-2023.doc


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

              CRIMINAL APPLICATION NO.430 OF 2023


 Manganga Sahakari Sakhar
 Karkhana Limited & Ors.                      ... Applicants
             V/s.
 Shri Gurudatta Sugars Marketing
 Pvt. Ltd. & Anr.                             ... Respondents


 Mr. Ansh Karnawat i/by Mr. Indrajeet Hingane for the
 applicants.
 Mr. Hiten Venegavkar for respondent No.1.
 Mr. A.R. Patil, APP for respondent No.2/State.



                               CORAM : AMIT BORKAR, J.

                               DATED    : MAY 2, 2023
 P.C.:

1. Learned advocate for the applicants, on instructions, seek permission to withdraw the criminal application in relation to applicant No.1 to file fresh petition challenging the impugned order.

2. The criminal application stands dismissed as withdrawn as against applicant No.1 with liberty as prayed.

3. In so far as applicant Nos.2 to 5 are concerned, they are Managing Committee Members of the cooperative society. This Court in a group of matters, lead matter being Criminal

4-apl430-2023.doc

Application No.886 of 2022 (Lyka Labs Ltd. & Anr v. The State of Maharashtra & Anr) decided on 8 March 2023 has taken a view that authorized signatory of a company cannot be directed to deposit the amount as per Section 143-A of the Negotiable Instruments Act, 1881 as company is the "drawer" and not the "authorized signatory".

4. For the reasons stated in the said judgment, applicant Nos.2 to 5 have made out a case for grant of ad-interim relief.

5. Till next date, there shall be ad-interim relief in terms of prayer clause (c) qua applicant Nos.2 to 5 only.

6. Mr. Venegaonkar waives service on behalf of respondent No.1.

7. Stand over to 21 July 2023.

(AMIT BORKAR, J.)