GOPISETTI RAM MOHAN RAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Shri Sahil Mahajan, learned counsel for the Applicants, Shri S.H. Yadav, learned APP for the Respondent No.1-State and Shri Haresh Menghani, learned counsel for the Respondent No.2.

(2.) The Applicants are challenging the order dtd. 15/4/2023 passed by the Metropolitan Magistrate, 25 th Court, Mazgaon at Sewree, Mumbai in C.C. No.2247/SS/2021 directing issuance of non-bailable warrant against them. The Applicants are the original accused Nos.2 & 3 in the said proceedings filed by the Respondent No.2 - the complainant. The prosecution is under Sec. 138 read with Sec. 141 of the Negotiable Instruments Act, 1881 (for short, ' N.I. Act ').

(3.) As a background of the impugned order, it is necessary to note that on 13/1/2023, the learned Magistrate allowed the application of the complainant for directions to the Applicants to deposit 20% amount of the cheque. The Magistrate directed the Applicants to deposit amount of Rs.1,08,560.00 within 60 days from 13/1/2023. As a matter of record this order is not complied with and the said amount is not deposited. On the next occasion on 15/4/2023, the complainant made an application that the Applicants were not present before the Court and, therefore, non-bailable warrant be issued against them. It was stated in the application that earlier NBW was issued and it was cancelled but even then the Applicants had not remained present before the Court. On this application, learned Magistrate passed the impugned order as follows :