SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2017 Supreme(Bom) 2394

C.V.BHADANG
Nurallah Veljee Son of late Kamruddin Veljee – Appellant
Versus
Thomas F. S. Machado – Respondent


Advocates Appeared:
For the Petitioner:Mr. Kaif Noorani, Advocate
For the Respondent:Mr. S.P. Munj, Advocate

JUDGMENT :

C.V. BHADANG, J.

On 19/07/2017, a notice for final disposal was issued. Accordingly, the matter is heard finally.

2. The challenge in this petition under Section 482 of the Code of Criminal Procedure (Code, for short) is to the order dated 10/05/2017, passed by the learned Judicial Magistrate, First Class at Panaji in Criminal Case No. 91/OA/17/C. By the impugned order, the learned Magistrate has issued process against the petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act (Act, for short).

3. The brief facts are that the respondent has filed the aforesaid complaint under Section 138 of the Act for dishonour of three cheques viz. dated 22/09/2016, 03/10/2016 and 10/10/2016. A perusal of the said cheques clearly brings out that the cheques are signed by the petitioner as an authorised signatory on behalf of “Space Deal Pvt. Ltd”, which is a Private Limited Company. Indisputably, the notice under Section 138(b) of the Act pursuant to the dishonour of cheques was issued by the respondent to the petitioner in his capacity as the Director of M/s. Space Deal Pvt. Ltd. A perusal of the complaint further shows that the petitioner, in his capaci












Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top