RINA SANJIV KAMDAR Vs. MURLIDHAR T. TILWANI

JUDGEMENT

(1.) Heard Mr. Jagdish Nagar, learned Counsel appearing for the Applicant, Ms. Rachna Mamnani, learned Counsel for the Respondent No.1 and the learned APP, for the Respondent No.2- State of Maharashtra.

(2.) The challenge in the present Criminal Application filed under Sec. 482 of Code of Criminal Procedure, 1973 ("CrPC") is to the Order dtd. 1/7/2019 passed by learned Metropolitan Magistrate, 58th Court, Bandra, Mumbai below Exhibit-1 in CC No.289/SS/2019. The said criminal case has been filed under Sec. 138 read with Ss. 141, 142 of Negotiable Instruments Act, 1881 ("NI Act"). By the impugned order dtd. 1/7/2019, process is issued against the Accused under Sec. 138 of the NI Act. The Applicant is Accused No.3. The Accused No.1 is M/s. Sanjiv Jayantilal Kamdar HUF, Accused No.2 is Sanjiv Jayantilal Kamdar and Accused No.3 is Rina Sanjiv Kamdar.

(3.) It is the contention of Mr. Nagar, learned Counsel for the Applicant i.e. Accused No.3- Rina Sanjiv Kamdar that she cannot be considered as actively involved in the said HUF. To substantiate his contention, he has relied on the decision dtd. 7/4/2016 of the Gujarat High Court in the matter of Shah Nitinkumar Dhirajlal Rameshchandra Vs. Patel Mahendrakumar passed in Special Criminal Application (Quashing) No. 2750 of 2015 along with other connected Applications. He therefore, submitted that the impugned order issuing process against Applicant/Accused No.3 is required to be quashed and set aside.