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2023 Supreme(Bom) 2264

PRAKASH D. NAIK
Shantal Kamat – Appellant
Versus
Milind Ladu Kerkar – Respondent


Advocates appeared:
Asha Dessai, Advocate, Natasha Volvoikar, Advocate, Mukeshbabu D.Navelkar, Advocate, P.Nagvekar, Advocate

JUDGMENT/ORDER

1. The Petitioner has invoked the jurisdiction of this Court under Article 227 of the Constitution of India challenging Order dtd. 17/10/2022 passed by learned Judicial Magistrate First Class, Panaji, Goa, allowing the application preferred by the Respondent under Sec. 145(2) of the Negotiable Instruments Act, 1881 ('N. I. Act', for short).

2. The Petitioner is the original Complainant. The complaint was filed for an offence under Sec. 138 of the Negotiable Instruments Act. It was registered as OA/247/2021/E. The grievance of the Complainant is that the accused was working for the Company M/s. Chrome Business & Trade (I) Pvt. Ltd. The accused was designated as Business Manager. The Company was dealing in the business of offering various schemes wherein the customers can invest in gold with promises of high returns on the investments and the customer was allotted unique Customer Code. The accused appointed the Complainant as authorized agent on behalf of Company and messaged an Agent Code to the Complainant. The accused promised that the Complainant would receive high commissions which would be commensurate to the number of new customers acquired by her. The Company bro

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