Vinod Gopaldas Gulrajani And ORS. v. State Of Maharashtra And ORS.

SMITA JOHNSON GONSALVES JOHNSON GONSALVES Date: 2024.04.06 10:59:30 +0530 sg 1/2 906.apl290-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.290 OF 2024 Vinod Gopaldas Gulrajani And Ors.

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Applicants v/s.

The State of Maharashtra And Ors.

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Respondents ....

Mr Mayank Joshi, i/b. Devul Dighe, for the Applicants. Ms Shilpa Talhar, APP for State/Respondent No.1. Ms Supriya Patil, for Respondent No.3.

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CORAM : R.N. LADDHA, J.

DATE : 5 APRIL 2024 P.C. :

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In the present application, the applicants contest the orders for issuing process under Section 138 of the Negotiable Instruments Act. It is undisputed that the applicants have an alternate and efficacious remedy, which they have not availed. 2.

Furthermore, established legal principles dictate that, this Court should exercise its inherent jurisdiction under Section 482 Cr.P.C sparingly. However, given that the applicants can challenge the order of issuance of process by seeking revision before the Session

sg 2/2 906.apl290-24.doc Court, this Court refrains from entertaining an application under Section 482 Cr.P.C. If the revision proceedings fail, the applicants are not barred from approaching this Court under Section 482 of Cr.P.C. The application is dismissed with liberty to the applicants to file appropriate proceedings before the Sessions Court. The applicants are entitled to seek condonation of delay.

(R.N. LADDHA, J.)