2-APL-543-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO. 543 OF 2022

Preeti Malik

...Applicant

Versus

Sanjay Tukaram Khanvilkar And Anr.

...Respondents

WITH

CRIMINAL APPLICATION NO. 547 OF 2022

Tanya Malik

...Applicant

Versus

Sanjay Tukaram Khanvilkar And Anr.

...Respondents

WITH

CRIMINAL APPLICATION NO. 548 OF 2022

Preeti Malik

...Applicant

Versus

Sanjay Tukaram Khanvilkar And Anr.

...Respondents

WITH

CRIMINAL APPLICATION NO. 546 OF 2022

Tanya Malik .

...Applicant

Versus

Sanjay Tukaram Khanvilkar And Anr.

...Respondents

….

Mr. Navin Arora a/w Mr. Sanjeev Sagar, Advocate for the Applicants in

all applications.

Mr. Rahul Gaikwad a/w Mr. Aman J. a/w Ms. Reshma Nair i/by

Gravitas Legal Advocate for Respondent No.1/Complainant.

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

….

CORAM

:

PRAKASH D. NAIK, J.

DATE

:

15^th SEPTEMBER, 2022.

Sajakali Jamadar

1 of 17

SAJAKALI

LIYAKAT

JAMADAR

Digitally

signed by

SAJAKALI

LIYAKAT

JAMADAR

Date:

2022.10.07

14:10:18

+0530

2-APL-543-2022.doc

PER COURT

:

1.

The applicants in all these applications are prosecuted for

the offence punishable under Section 138 of Negotiable

Instruments Act, 1881. The order issuing process passed by the

learned Magistrate for the offence punishable under Section 138 of

Negotiable Instruments Act, 1881 and the proceedings therein are

challenged in these applications. The applicants in Criminal

Application Nos.543 of 2022 and 546 of 2022 are arraigned as

accused in C.C. No.638 of 2021 pending before the Court of

learned Metropolitan Magistrate, 33^rd Court at Ballard Pear,

Mumbai, whereas the applicant in Criminal Application Nos. 547 of

2022 and 548 of 2022 are arraigned as accused in C.C. No.637 of

2021 pending before the Court of learned Metropolitan Magistrate,

33^rd Court, at Ballard Pear, Mumbai.

2.

The factual matrix of C.C. No.638 of 2021 which is under

challenge in Criminal Application No.543 of 2022 and 546 of 2022

are as follows :-

(a)

The complainant is partner of M/s. 4S Infrastructure

LLP Ltd. which is limited liability partnership registered under

the Companies Act. The complainant is also director of Man

Management Service Private Ltd.

Sajakali Jamadar

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(b)

Accused no.1 is the Managing Director and authorized

signatory of accused No.2 M/s. Davin Info. Pvt. Ltd. The

accused No.2 is a private Company. It is operating the

business of conducting online exam delivery services. The

accused No.4 Ms. Preeti Malik is the Chief Executive Officer of

the said Company. The accused Nos. 1, 3 & 4 are involved in

managing day to day affairs of the accused No.2 – Company.

(c)

In January – 2018, the complainant was told that,

accused No.4 is in business of conducting online exam delivery

services and in search for an investor who can infuse capital

for a period of approximately 15 months. The complainant

had meeting with accused No.4. During the meeting, accused

No.4 represented to complainant that they wanted an investor

for a fixed period of approximately 18 months. The main role

of complainant is to infuse an amount which was required and

after 18 months the principal shall be returned. The

complainant would be entitled for certain profits.

(d)

The complainant was told by accused No.4 that he

would have to invest sum of Rs.1 Crore initially. Accused No.4

represented that after a period of 15 months, the complainant

Sajakali Jamadar

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2-APL-543-2022.doc

shall be refunded his entire amount. The accused No.4 stated

that the complainant shall be made a partner with 30% share

holding and upon refund of his investment amount he will

have to transfer the 30% shares back to the Company. As a

security for the shares of accused No.1 which should not be

transferred to others apart from accused No.1 or his family,

the accused No.1 also incorporated Clause No.4.2 which

limited the capacity of Complainant to transfer the shares to