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2023 Supreme(Bom) 985

R. G. AVACHAT
Chirag Janardan Doshi – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
Mr. Ram Upadhyay, Advocate, for the Appellant; Mr. A.R. Patil, APP, Mr. Pradeep J. Thorat, a/w. Ms. Aditi S. Naikare, Advocates, for the Respondent

JUDGMENT

1. The challenge in this petition, under Article 227 of the Constitution of India, is to the orders of issuance of process against the Petitioners herein in proceedings/prosecutions instituted under Section 138 r/w. 141 of the Negotiable Instruments Act (for short N.I. Act).

2. Heard. The Petitioners 1 to 3 are original accused nos. 2, 7 and 8, respectively, in the criminal complaints, the details whereof have been given in para 1 of this petition. The complaints have been instituted by Respondent No.2-Oriental Containers, against the Petitioners herein and Respondent Nos. 3 to 9.

3. It is the case of the Respondent/complainant that it is engaged in the business of manufacturing, selling and buying of packaging products, such as collapsible tubes crown caps, plastic closures, etc. Respondent No.3 (original accused no.1) is in the business of bottling and selling aerated and other beverages. It has, therefore, plants at some places in India. The original accused nos. 2 to 10, including the Petitioners herein, at the relevant time, were in charge of day-to-day management and business affairs of the accused Company. It is also the case of the complainant Company that accused no.

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