BHARATI H.DANGRE
Shehzad Valimohammad Merchant – Appellant
Versus
Saiyed Ghulam Abbas Zaidi – Respondent
JUDGMENT :
Bharati Dangre, J.
The Applicant, who was a Director of Landmark Real Estate Developers Limited, a Company incorporated under the provisions of the Companies Act is before this Court assailing the action of issuance of process against him and subsequent order passed by the Appellate Court which upholds the order passed by Metropolitan Magistrate.
2. The Landmark Real Estate Developers Limited entered into a Memorandum of Understanding for Full and Final Settlement of Accounts with one Mr. Sayed Ghulam Abbas Rizvi and two others wherein, it was agreed that the amount would be paid to the Fourth, Fifth and Sixth Parts of the Memorandum of Understanding in pursuance of the quashing proceedings that they have filed before the High Court seeking quashment of C.R.No.20 of 2016. A schedule of payment was set out and the Memorandum of Understanding also makes a mention to four post dated cheques and the issue in the present Criminal Application revolves around the third cheque bearing No.034405 dated 31/01/2017 issued for an amount of Rs.2,94,805/-.
3. The Complainant, being aggrieved by the dishonour of the cheque, on 13/02/2017 addressed a notice on three addressees viz. one Mr. V
Kirshna Texport and Capital Markets Limited Vs. ILA A. Agrawal & Others
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