LYKA LABS LTD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicants who are original accused nos.1 to 3 are challenging order under Sec. 143A of the Negotiable Instruments 1881 (hereafter "NI Act", for short) directing applicants to deposit 20% of the amount of the cheque.

(2.) In so far as the case of applicants nos.2 and 3 is concerned, this Court by detailed judgment dtd. 8/3/2023 in a group of matters, lead matter being Criminal Application No.886 of 2022, held that authorized signatory of a cheque issued by the company is not the "drawer" in terms of Sec. 143A of the NI Act. Therefore, for the reasons stated in the said order, it has to be held that applicants nos.2 and 3 being directors of applicant no.1/company, cannot be directed to pay the amount under Sec. 143A of the NI Act. Therefore, the impugned order to the extent of applicants nos.2 and 3 is quashed and set aside.

(3.) In so far as the application filed by applicant no.1/company (Drawer) is concerned, the learned senior advocate invited my attention to various documents filed on record to urge the following three contentions: (i) reasons do not support the impugned order; (ii) the cheques in question are forged; chargesheet for the offence of forgery has already been filed against the complainant; however, this material factor has not been considered by the Magistrate while passing an order against applicant no.1; and (iii) previous payments made by applicant no.1, as reflected in reply to demand notice, have not been considered in the impugned order.