- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO.658 OF 2009 WRIT PETITION NO.658 OF 2009 WRIT PETITION NO.658 OF 2009 AND AND AND CRIMINAL CRIMINAL CRIMINAL WRIT WRIT WRIT PETITION NO.659 OF 2009 PETITION NO.659 OF 2009 PETITION NO.659 OF 2009 Deepak C. Joshi ...Petitioner (in both the petitions) vs. Manish R.Mehta & Anr. ...Respondents (in both the petitions) Mr.J.S.Kini i/b Mr.Suresh Dubey for the petitioner Mr.S.S.Pednekar A.P.P. for State CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : APRIL 15,2009 : APRIL 15,2009 : APRIL 15,2009 P.C.: P.C.: P.C.: 1. Heard learned Advocate for the petitioner. The petitioner has been arraigned as an accused in a complaint filed by the first respondent alleging offence under section 138 of the Negotiable Instruments Act,1881. The petitioner has been described as a Proprietor of M/s.Paramount Corporation in the complaint filed by the first respondent. The contention of the petitioner is that the statutory notice is not served to him. The second contention is that the petitioner could not have been arraigned as an accused as the Proprietor of the proprietary concern as in fact such proprietary concern does not exist and the same is a partnership firm. The last contention is that the cheques on which the complaint is based are not signed by the petitioner. 2. In the complaint there are averments that the cheques have - 2 - been issued by the petitioner. In the complaint it is contended that the demand notice has been served by Registered Post Acknowledgment Due as well as Under Certificate of Posting. Therefore, the first two contentions raised can be decided only after the parties adduce evidence. As far as the third contention is concerned, again it is a defence of the petitioner which will have to be established on the basis of the evidence on record. 3. Therefore, at this stage, no interference can be made with the order of issusing process. The petitions are accordingly rejected. However, all contentions raised by the petitioner are expressly kept open and the said contentions can be always raised by the petitioner at the appropriate stage of hearing. JUDGE JUDGE JUDGE