M/S. Aditya Corporation Through Its Partner Dilip Jamnadas Thakkar v. Abhay Ashok Manganokar And ANR

by SATISH RAMCHANDRA SANGAR Date:

2023.03.02 14:42:57 +0530 SATISH RAMCHANDRA SANGAR 20-ALP-178-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION APPLICATION FOR LEAVE TO APPEAL (PVT.) NO. 178 OF 2019 M/s. Aditya Corporation Through its Partner :

Dilip Jamnadas Thakkar ...Appellant vs.

Abhay Ashok Mangaonkar and Anr.

...Respondents

***** Mr.Wasim N. Samlewale, Advocate for Appellant. Mr.N.B.Patil - APP for the Respondent No.2-State. ***** CORAM :

S. M. MODAK, J.

DATE :

28th FEBRUARY, 2023 P. C. :- 1.

Heard learned Advocate for the Appellant-Complainant. Notice is served on Respondent No.1-Accused. There is no appearance. 2.

Perused the judgment. Respondent-Accused was acquitted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 ["NI Act"] mainly for the reason that the Appellant firm is unregistered firm and as such, prosecution is not maintainable.

3.

In Para No.19, there is a reliance on a judgment in case of Sai Satish Sangar 1/2

20-ALP-178-2019.doc Accumulated Industries Sangamner V/s. M/s. Sethi Brothers Aurangabad1. Whereas, it is submitted that the view expressed therein no more remains to be a correct view. It is in view of the judgment given by the Division Bench of this Court in case of Narendra s/o Amarnathji Kalda V/s. Balbirsingh s/o Motisingh Chawhan2. Division Bench answered that prosecution is not hit by bar created under Sub-section (2) of Section 69 of the Indian Partnership Act, 1932. This judgment was pronounced after the impugned judgment came to be passed. The observations of the Division Bench will have to be considered. In view of that, case for grant of leave is made out.

4.

Special Leave to prefer an Appeal is granted. Admit the Appeal. Call record and proceeding. Issue notice to Respondent No.1 returnable on 6th April, 2023. Learned APP waives notice for Respondent No.2-State. An action under Section 390 of the Code of Criminal Procedure, 1973 ["Cr.P.C."] be initiated. [S. M. MODAK, J.] ABC 2016 (I) 469 BOM (2020) AIR Bom R (Cri) 112 Satish Sangar 2/2