1 7-2112-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.2112 OF 2009 Asha T. Sharma .. Petitioner. (Orig. Accused No.3) V/s. The State of Maharashtra & Another .. Respondent. (Orig. Complainants) And Sat Saheb Agencies Pvt. Ltd & Another .. Respondents (Orig. Accused Nos. 1 & 2) Mr.G.C.Mohanty i/b. Mohanty & Associates, for the Petitioner. Mr. P.Y.Kulkarni, for Respondent No.2. Mr. V.R.Bhosale, A.P.P. for Respondent-State. CORAM : N.D.DESHPANDE, J. DATE : 30th MARCH, 2011. P.C.: 1 Admittedly the process was issued under section 138 of Negotiable Instrument Act, (herein after referred to as “the said act”) in a complaint case no.3032973/88/08, pending before the M.M's Court at Kurla, Mumbai. 2 7-2112-09.sxw 2 The learned counsel for the applicant has challenged the order of issuance of process and further proceeding under section 138 of the said act against the applicant-original accused no.3- on the ground that there is no prima facie evidence. Admittedly, she has not issued or signed a cheque and there are no averments about her involvement and her present responsibilities as director for the alleged bouncing of two cheques which is the subject matter of the complaint. However, applicant has no objection in case proceeding is decided on the merits against others. Photo copy of the said cheques are filed on record. It is further stated by the applicant that no liability can be fasten on the other director provided, unless offence is proved against company under section 138 of the said act which deals with the main subject of bouncing of cheques. It all defined and described under section 138 of the said act for its commission and further deals with punishment . Section 141 deals with the punishment to the others as constructive liability and those shall be deemed to have been guilty of such offences proved under section 138 of the said act, which could be a separate proceedings for punishment against them for constructive liability if proved. 3 7-2112-09.sxw 3 In the light of the above facts, what it reveals from the record that the complainant case will continue under section 138 of the said act against company and liberty is given to the complainant to seek appropriate proceeding against applicant, if she is found guilty for constructive liability only after offences under section 138 of the said act is proved. 4 The complaint case shall now proceed against applicant/original accused nos.1 and 2 with liberty given to the complainant to proceed against applicant-accused no.3 in the event complaint is proved for having committed offences under section 138 of the said act against accused nos. 1 and 2. 5 Criminal Revision Application is partly allowed in the above terms and accordingly disposed of with no order as to costs. (N.D.DESHPANDE, J.)