M/S. M. M. Ideal Infra And ORS. v. Ashoka Buildcon Limited And ANR.

Mamta Kale 13-apl-1236-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1236 OF 2022 M/s. M. M. Ideal Infra and Ors.

..Applicants Vs.

Ashoka Buildcon Limited and Anr.

..Respondents ---- Mr. Akil Kupade a/w. Ms. Shivani Jadhav, for the Applicants. Mr. Divyesh Jain i/b. Mr. Nitin Gaware Patil, for the Respondent No.1.

Mr. Arfan Sait, APP for the Respondent No.2- State. ---- CORAM : R. N. LADDHA, J.

DATE : 14 FEBRUARY 2024 P.C.

Digitally signed by MAMTA AMAR KALE Date:

2024.02.14 17:42:22 +0530 .

Heard learned counsel for the applicants.

MAMTA AMAR KALE 2.

The applicants herein have challenged the order of issuing the process under Section 138 of Negotiable Instruments Act, 1881. It is not in dispute that alternative and efficacious remedy is available to the applicants. Hence, this Court is not inclined to exercise its inherent powers. The application is dismissed, with liberty to the applicants to file appropriate proceedings before the Sessions Court.

3.

The applicant is entitled to seek condonation of delay. R. N. LADDHA, J.