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Bombay High Court

YATISH GOYALversusNEENA ASHOK SHAH THROUGH HIS CONSTITUTED ATTORNEY DILIPKUMAR ATMARAM NAGPAL AND ANR

Decided
Disposal
Disposed Off

Holding

The Court held that the applicant was not involved in the issuance of the cheque and quashed the earlier orders.

Summary

Yatish Goyal, an employee of a company, filed a criminal application challenging earlier orders that implicated him in the issuance of a cheque. The learned advocate argued that Goyal was not involved in the cheque issuance, a point not considered by the Additional Sessions Judge or the Metropolitan Magistrate. The High Court examined the earlier issue process order dated 18 October 2013 and the revision order dated 4 March 2015, finding them erroneous. Consequently, the Court quashed both orders and allowed the criminal application. The application was disposed of in favor of the applicant.

Issues considered

  • Was the applicant, Yatish Goyal, involved in the issuance of the cheque?
  • Should the earlier issue process order and revision order be set aside on the ground of non‑consideration of the applicant's non‑involvement?

Subjects

  • employee
  • cheque issuance
  • criminal application
  • quash
  • issue process order
  • revision order
  • High Court

Judgment

                                                                                 37apl 447 of 2017.odt



                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CRIMINAL APPELLATE JURISDICTION

                                         CRIMINAL APPLICATION NO. 447 OF 2017

                        Yatish Goyal                                          .. Applicant
                                   Versus
                        Neena Ashok Shah
                        Through Constituted Attorney
                        Mr. Dilipkumar Atmaram Nagpal
                        and Anr.                                              .. Respondents

                                                  ....................
                         Ms. Mehernaz Contractor i/b. M/s. Bafna Law Associates, Advocate
                          for Applicant.
                         Mr. Sukanta A. Karmakar, APP for the Respondent – State.
                                                        ................…


                                                       CORAM : MILIND N. JADHAV, J.
                                                       DATE         : AUGUST 14, 2026

                        P. C.:


                        1.        Heard Ms. Contractor, learned Advocate for the Applicant and

                        Mr. Karmakar, learned APP for the Respondent–State.


                        2.        This Application was heard along with Criminal Application No.

         Digitally
         signed by      439 of 2017, today. Mr. Yatish Goyal, who is the Applicant, is
         RAJESHRI
RAJESHRI PRAKASH
PRAKASH AHER
AHER     Date:
         2026.08.20
         20:40:34
                        admittedly an employee of the company. This is what is argued by the
         +0530


                        learned Advocate appearing for the Applicant. Considering that he is

                        an employee of the Company, his case would be on a stronger and

                        higher footing than that of the Director of the Company. Insofar as the

                      Rajeshri Aher

                                                                                               1 of 2
                                                           37apl 447 of 2017.odt


  Director of the Company is concerned, this Court has already passed

  an order in Criminal Application No. 438 of 2017 on 17 th March, 2026.

  Today, with regard to the same cause of action, Criminal Application

  No. 439 of 2017 qua the Director has also been disposed of.


  3.        The learned Advocate for the Applicant apprises the Court that

  the Applicant Yatish Goyal was not involved in issuance of the cheque.

  In that view of the matter, the said issue having not been considered

  by the Additional Sessions Judge as well as the the learned

  Metropolitan Magistrate, this Court will, therefore, have to interfere

  with the said decisions passed by them. In that view of the matter, the

  Criminal Application stands allowed.


  4.        The issue process order dated 18th October, 2013, passed by the

  learned Metropolitan Magistrate 20th Court, Mazgaon, Mumbai in C.C.

  No. 1046/SS/13 and order dated 4th March, 2015, passed by learned

  Additional Sessions Judge, Greater Bombay in Criminal Revision

  Application No. 1574 of 2013, are quashed and set aside.


  5.        The Criminal Application is allowed and disposed of accordingly.




                                            [ MILIND N. JADHAV, J. ]




Rajeshri Aher

                                                                         2 of 2


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