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2023 Supreme(Bom) 948

R. G. AVACHAT
Pashupathy Puthuseri Veedu – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
Mr. Sachin Ramrao Pawar, Advocate, for the Appellant; Ms. Anamika Malhotra, APP and Mr. Niranjan Kandade a/w Pradip Zende a/w Nikhil Wadikar i/b Nandu Pawar, Advocate, for the Respondent

JUDGMENT

1. Heard.

2. This group of eight applications, under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.PC.'), is being decided by this common order, since common questions of facts and law arise therein. Moreover, the parties thereto are same.

3. The applicant in all these applications is one of the accused in the prosecution/complaints instituted under Section 138 of the Negotiable Instruments Act, 1881 (for short 'NI Act').

4. The gist of allegations in all the complaints, is as under :-

    a. M/s. Savair Energy Limited (accused no. 1) is a limited company. The applicant and two others (co-accused), are the Directors of accused no. 1 company. All the accused were in need of finance. The original accused no. 2 had friendly relations with the complainant/respondent no. 2. On his request, the complainant advanced them a sum of Rs. 5,00,000/- in seven applications and Rs. 45,00,000/- in one application, as friendly loan. The original accused no. 2 had executed a separate Bill of Exchange. He even issued various cheques. The details thereof have been given in the respective complaint. The cheques were presented for encashment, but returned unpaid. Statutory Demand No

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