RAJESH M PAMNANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These petitions arise out of the two different orders passed in Criminal Case No. 290/SS/2008 pending before the Metropolitan Magistrate, 58th Court at Bandra and, therefore, they may be disposed of by this common Judgment.

(2.) Rule. Rule made returnable forthwith in both the petitions. Heard the learned Counsel for the parties.

(3.) To state in brief, the complainant - Rajesh M. Pamnani filed the complaint under Section 138 of the Negotiable Instruments Act through his father Menghraj Pamnani against seven accused persons. Accused No. 1 - Today's Writing Products Ltd. is a company. Accused Nos. 2, 3, 5, 6 and 7 are its directors and accused No. 4 - Devrajan Raman is its Chief Financial Officer. As per the complaint, for the financial and managerial consultation provided by the complainant to the accused No. 1, the accused No. 2 had issued a cheque of Rs. 10 lakh on 5.9.2007 drawn on Axis Bank Ltd., Andheri Branch, Mumbai, in favour of the complainant. The cheque was presented for encashmnt, but was dishonoured with the remark "payment stopped by the drawer". Inspite of service of the statutory notice to make payment, the accused persons failed to make payment. Therefore, the complainant filed complaint under Section 138 read with Section 141 of the Negotiable Instruments Act. The trial Court issued process against all the accused persons.