M/S Shreenath Development Corporation ... vs Gabriel Eric Gonsalves And Anr
2024 Latest Caselaw 2751 Bom

Bombay High Court

M/S Shreenath Development Corporation ... vs Gabriel Eric Gonsalves And Anr on 30 January, 2024

Author: N.J.Jamadar

Bench: N.J.Jamadar

                                                                   905 wpst 24126 of 2023.doc

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION
                    WRIT PETITION (ST) NO.24126 OF 2023

M/s. Shreenath Development Corporation and Ors. ... Petitioners
      versus
Gabriel Eric Gonsalves and Anr.                 ... Respondents
                                   WITH
                   WRIT PETITION (ST) NO.24147 OF 2023

M/s. Shreenath Development Corporation and Ors.         ...          Petitioners
      versus
Gabriel Eric Gonsalves and Anr.                         ...          Respondents

Mr. A.M.Saraogi with Mr. A. Shinde, Mr. S.C.Singh for Petitioners.
Mr. M.G.Patil, APP for State in WPST 24126 of 2023.
Mr S.R.Aagarkar, APP for State in WPST 24147 of 2023.

                      CORAM:        N.J.JAMADAR, J.

                      DATE :        30 JANUARY 2024

P.C.

1. Heard the learned Counsel for the parties.

2. Learned Counsel for the Petitioners submits that the subject cheques

were issued by the Petitioner No.2 in an individual capacity. However, by the

judgment and order impugned in Appeal, the learned Magistrate has convicted the

Petitioner No.1 Firm as well as Petitioner Nos.2 and 3 in the capacity of the partners

of the firm.

3. I have perused the impugned judgment. The learned Magistrate has

recorded that the complainant conceded in the cross-examination that the subject

905 wpst 24126 of 2023.doc

cheques were drawn by the Petitioner No.2 in his individual capacity.

4. Arguable questions are raised.

5. Issue notice to the Respondents, returnable on 5 March 2024.

6. Learned APP waives service on behalf of the Respondent State.

7. In addition to notice through Court, the Petitioners shall serve

Respondent No.1 by private service and file an affidavit of service.

8. In the meanwhile, there shall be an ad-interim relief in terms of prayer

clause (b) of the Petitions.

( N.J.JAMADAR, J. )

Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 31/01/2024 11:29:22