Dimple Tapan Pandya v. State Of Maharashtra And ORS

SMITA JOHNSON GONSALVES JOHNSON GONSALVES Date: 2024.03.20 09:55:31 +0530 sg 1/2 23.apl1352-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1352 OF 2022 Dimple Tapan Pandya ..

Applicant v/s.

State of Maharashtra And Ors.

..

Respondents ....

Ms. Prerna Gandhi, i/b. Ms. Sayali S. Sawant, for the Applicant. Mr. Arfan Sait, APP, for Respondent State.

....

CORAM : R.N. LADDHA, J.

DATE : 19 MARCH 2024 P.C. :

.

Heard learned Counsel for the parties.

2.

The applicant herein has challenged the order of issuance of process passed by the learned Judicial Magistrate, Vashi, for offences punishable under Section 138 of the Negotiable Instruments Act. 3.

It is not in dispute that alternative and efficacious remedy is available to the applicant. Hence, this Court is not inclined to invoke the writ jurisdiction.

sg 2/2 23.apl1352-22.doc 4.

The application is dismissed with liberty to the applicant to file appropriate proceedings before the Sessions Court. 5.

The applicant is entitled to seek condonation of delay. The interim relief granted earlier by this Court shall continue to operate till 10 April 2024.

6.

The application stands disposed of accordingly. (R.N. LADDHA, J.)