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2023 Supreme(Bom) 327

AMIT BORKAR
Lyka Labs Limited – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Applicants : Mr. Aabad Ponda, Sr. Adv. with Mr. Bhomesh Bellam, Mr. Karma Vivan i/by Mr. Jugal Kanani.
For the Respondents: Mr. A.R. Patil, Mr. Jatin P. Shah with Ms. Snehankita M. Munj & Ms. Shraddha Kamble.

JUDGMENT:

1. This is a batch of matters before me wherein the same common question of law arises for decision. Accordingly, I propose (also as has been agreed to by all the learned counsel appearing for the parties) to decide only the principle question of law posed for decision and leave the individual cases to be decided accordingly. Hence, I am relieved of the need of noticing facts of individual cases.

    (i) Whether the signatory of the cheque, authorized by the "Company", is the “drawer" and whether such signatory could be directed to pay interim compensation in terms of section 143A of the Negotiable Instruments Act, 1881 (hereafter “NI Act”, for short) living aside the company."

(ii) Whether a deposit of a minimum sum of 20% of the fine or compensation is necessary under Section 148 of NI Act in an appeal filed by persons other than "drawer" against the conviction and sentence under section 138 of the NI Act.

2. Mr. Ponda learned senior advocate on behalf of the accused made the following submissions:

    (i) As per section 143A, only a ‘drawer’ of the cheque is required to pay interim compensation and no one else. To attract liability under section 138 of the NI Act, the cheque mus

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