RJS MEGA INFRASTRUCTURE Vs. BASHEED SHAIKH IBRAHIM SHAIKH

JUDGEMENT

(1.) At the outset, learned counsel for the Applicants states that he is not pressing this application for the Applicant No.2 Suresh Pillutla. He seeks liberty to approach the Court of Sessions by filing Revision Application against the order of issuance of process. Therefore, as far as the Applicant No.2 is concerned, the Application is dismissed as not pressed, with liberty to the Applicant No.2 Suresh to approach the Court of Sessions by filing the Revision Application against the order of issuance of process, which is the subject matter of the present application. If such Revision Application is filed, it shall be decided on its own merits in accordance with law. All the questions raised in this application are left to be decided in the Revision Application as far as the Applicant No.2 is concerned. If the question is raised about limitation, the Revisional Court shall take into account the fact that the Applicant No.2 was pursuing remedy of the present application before this Court.

(2.) The application, therefore will be proceeded for Applicant Nos.1, 3 and 4. For that purpose, I have heard learned counsel for both the parties.

(3.) The complaint is filed before the Metropolitan Magistrate, 33rd Court, Ballard Pier, Mumbai, vide C.C.No.6597/ SS/2021 by the Respondent No.1 for commission of offence punishable u/s 138 of the Negotiable Instruments Act (for short 'N. I. Act'). The case of the Respondent No.1 is that the accused No.1 who is the partnership firm is engaged in distribution of films, construction and other businesses. The other accused i.e. the accused Nos.2, 3 and 4 were the authorized signatories of the accused No.1 and they were incharge and responsible for conducting the day to day business operations and affairs of the accused No.1 firm.