GRM IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 386 OF 2022 Asmita Sarang … Applicant V/s.

Yogesh Badoni & Anr. … Respondents WITH CRIMINAL REVISION APPLICATION NO. 387 OF 2022 Asmita Sarang … Applicant V/s.

Senthil Kumar Karmegam & Anr. … Respondents WITH CRIMINAL REVISION APPLICATION NO. 388 OF 2022 Asmita Sarang … Applicant V/s.

Yogesh Badoni & Anr. … Respondents WITH CRIMINAL REVISION APPLICATION NO. 389 OF 2022 Asmita Sarang … Applicant V/s.

Senthil Kumar Karmegam & Anr. … Respondents Mr. Karma Vivan a/w Sumit Krishna Kumar Tiwari, Adv. for the Applicant.

Mr. Darshit K. Jain i/b Mrs. Divya D. Jain and Mr. Dileep Satale, Adv. for Respondent No. 1.

Mr. A. R. Patil, APP for the State/Respondent.

CORAM : R. G. AVACHAT, J.

DATED : FEBRUARY 28, 2023 P.C. :

This group of four revision applications is being decided by this common order, since common questions of facts and law arise therein.

2. For the sake of convenience, pleadings in Criminal Revision Application No. 387/2022 are referred to.

3. The applicant in all these revision applications is the original complainant in C.C. No. 795/SS/2019 pending before the learned Metropolitan Magistrate, 14th Court, Girgaon, Mumbai for the offence punishable under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 (for short “NI Act”). It is her case in the complaint that she is a proprietor of M/s. Aquamarine Medical Solutions. Accused no. 1 therein viz. Great Unison Contractors India Private Limited, is a private limited company. Accused no. 2-Senthil Kumar Karmegam (respondent no. 1 in REVN/387/2022 & REVN/389/2022) & accused no. 3-Ambujam are its directors and accused no. 4-Yogesh Badoni (respondent no. 1 in REVN/386/2022 & REVN/388/2022) is an authorized signatory of four cheques bearing nos. 007559, 007564 & 007562 of Rs. 14,56,664/- each and 007563 of Rs. 12,00,000/-, totalling an amount of Rs. 55,69,992/-.

4. It is averred in the complaint that accused nos. 2 to 4 were in charge of affairs of the accused-company. They have active participation in management of the company. They were also responsible for day to day business and operation of the accused-

company.

5. It is further averred in the complaint that the applicant/complainant was in the business of providing medical services such as medical manning, medical consultancy solutions and topside medical assistance etc. The original accused nos. 2 to 4 approached the applicant/complainant for availing various services like providing qualified doctors, qualified paramedics, topside medical assistance, BLS/ACLS ambulance, medical/non- medical escort and hospital/OPD treatment etc. The applicant/complainant provided all the services in terms of Purchase Orders issued by the accused. Various invoices were therefore raised. The invoices have been duly acknowledged by the accused without any demur or protest. A sum of Rs. 43,69,900/- + Rs. 12,00,000/- = Rs. 55,69,992/- was due from the accused-company. Since the accused were unable to pay the same, the applicant/complainant filed Insolvency and Bankruptcy Application before the National Company Law Tribunal, Mumbai Bench (for short “NCLT”), against the accused-company. In the said proceedings, settlement was arrived at. The accused-company admitted its liability. It agreed to pay the principle sum due + Rs. 12,00,000/- towards interest on delay in payment. The accused no. 4 signed the consent terms for and on behalf of the accused-

company.

6. Since the accused-company did not comply with the terms of settlement, the applicant/complainant presented four cheques for encashment. The cheques were dishonoured for the reason “Drawer’s Signature Differ”. A Statutory Demand Notice was therefore issued. The notice was replied with a false contentions.

The applicant/complainant therefore filed a complaint under Section 138 read with Section 141 of NI Act. Learned Magistrate issued the process against the accused.

7. The res