Slesha Ghosh v. M.S Concretech India And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.758 OF 2025 Slesha Ghosh
...Petitioner
Versus
M/s Concretech India Through its authorised person Mr Sagar B Kamble & Anr.
...Respondents
WITH WRIT PETITION NO.1107 OF 2025 Slesha Ghosh
...Petitioner
Versus
M/s Concretech India Through its authorised person Mr Sagar B Kamble & Anr.
...Respondents
WITH WRIT PETITION NO.1113 OF 2025 Slesha Ghosh
...Petitioner
Versus
M/s Concretech India Through its authorised person Mr Sagar B Kamble & Anr.
...Respondents
WITH WRIT PETITION NO.1114 OF 2025 Slesha Ghosh
...Petitioner
Versus
M/s Concretech India Through its authorised person Mr Sagar B Kamble & Anr.
...Respondents
WITH WRIT PETITION NO.1200 OF 2025 Slesha Ghosh
...Petitioner
Versus
M/s Concretech India Through its authorised person Mr Sagar B Kamble & Anr.
...Respondents
WITH WRIT PETITION NO.5819 OF 2024 Slesha Ghosh
...Petitioner
Versus
M/s Concretech India Through its authorised person Mr Sagar B Kamble & Anr.
...Respondents
WITH WRIT PETITION NO.2569 OF 2024 Slesha Ghosh
...Petitioner
Versus
M/s Concretech India Through its authorised person Mr Sagar B Kamble & Anr.
...Respondents
------ Mr. Santosh Thakur, for the Petitioners.
Ms. Lalita P. Savekar, for Respondent No.1.
Mr. A. D. Kamkhedkar, APP, for the Respondent-State. ------ Coram: Madhav J. Jamdar, J.
Date: June 16, 2026 P.C.:
1.
By the present Writ Petitions filed under Article 227 of the Constitution of India, the Petitioner has challenged the legality and validity of the proceedings initiated under Section 138 of the Negotiable Instruments Act, 1881.
2.
It is the main submission of Mr. Thakur, learned Counsel for the Petitioner, that the Petitioner was removed from the Company on 10th December 2022. The cheque in question is dated 15th January 2023. The cheque was presented for encashment and was dishonoured on 27th January 2023 and, subsequently, a notice was issued and the complaint came to be filed on 11th April 2023. 3.
A perusal of the Company's Resolution (Pages 124-128), particularly Resolution No.3, shows that Petitioner - Slesha Ghosh, was removed as a Director and that 96% of the members voted in favour of her removal. Admittedly, the Petitioner - Slesha Ghosh is not the signatory to the cheque in question.
4.
Accordingly, all these Writ Petitions are allowed in terms of prayer clause (a) qua the Petitioner. It is specifically clarified that as far as the other accused are concerned, the said Section 138 proceedings shall continue.
[Madhav J. Jamdar, J.]