Laxmi Devi Purohit v. M/S. Coastal Energy Pvt. Ltd. And ANR

Nalawade 1 907-wp-2779-10.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2779 OF 2010 Mrs. Laxmi Devi Purohit ....Petitioner.

Vs.

M/s. Coastal Energy Pvt. Ltd. & anr.

....Respondent.

Mr.C. Solanki I/by H.H.Nagi and Associates for Nagi and Associates for the Petitioner.

Mr. B.Joseph I/by B.J.Law Offices LLP for Respondent No.1. Mr. S.S. Hulke, for the Respondent-State.

CORAM : A. S. GADKARI, J.

DATE : 31st AUGUST, 2018.

P.C.:- 1.

By the present petition, the petitioner has challenged the Order dated 28.8.2008 passed by the learned Metropolitan Magistrate, 14th Court at Girgaum, Mumbai in CC No.1400565/SS/2018, thereby issuing process under Section 138, 141 of the Negotiable Instruments Act against the petitioner, accused No.3, in the said complaint. 2. The complainant has made a categorical averment in the complaint that, apart form the petitioner being Director of accused No.1 Company, on behalf of the said company had approached the complainant/respondent No.1 on several occasions and placed orders for purchase of steaming coal. The cheque in question has been issued 1/2

Nalawade 2 907-wp-2779-10.doc towards the said lawful liability or debt by accused No.1 company of which the petitioner accused No.3 is a Director. 3.

After perusing the record, this Court is of the view that, a strong prima facie is made out by the complainant against the petitioner and in view thereof there is no need of interference by this Court in the impugned Order.

4, The Petition is accordingly rejected.

(A.S. GADKARI, J.) 2/2