1 Cri.W.P. No.2430 of 2011 hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL WRIT PETITION NO. 2430 OF 2011 M/s. Janta Glass Limited and Ors. ... Petitioners Versus SBI Global Factors Limited and Anr. ... Respondents Mr. Karvan Mehta along with Mr. V.V. Purwant, Advocate for the petitioner. Mr. Rajesh More, A.P.P. for State. CORAM : K.U. CHANDIWAL,J. DATED : AUGUST 22, 2011 P.C. Heard. 2. The accused/applicant questions issuance of process in respect of 6 cheques in the denomination of Rs.75 lacs. each on the ground that at the material time the bank account of the petitioner was frozen owing to the orders of the High Court in Summary Suit No. 3049 of 2004. The learned counsel submits this fact was well in advance intimated to the drawer on 23.7.2010 under letter not to deposit the cheques as the account has been frozen by the orders of the High Court. The learned 2 Cri.W.P. No.2430 of 2011 counsel submits inspite of such communication, on 4.11.2010, six cheques were deposited and they were dishonoured on 6.11.2010. The learned counsel also took me through the correspondence dated 29.3.2011 whereby the facilities were reduced to Rs.4,50,00,000/- and certain instructions were given by the original complainant to the petitioner about remittance of the amount. The cheques were issued as security. 3. The cheques were in discharge of liability and not a security as the documents create violence against the said submission. The another submission that the cheques were issued in the name of Global Trade Finance Limited and the complaint is filed by SBU Global Factors Limited and not by Global Trade Finance Limited who is legally entitled to enforce the liability. This is again misplaced as indicated in the complaint and also in the verification of the authorized signatory of the financer original complainant. 4. The order of High Court to which the learned counsel has placed repeated reliance reads as under : "By attaching amount lying in Bank Account with (1) UCO Bank, Nariman Point, Mumbai 400 021, (2) Bank of 3 Cri.W.P. No.2430 of 2011 Rajasthan, Ghatkopar (E), Mumbai and Bank of Baroda, Ghatkopar standing in the name of the Defendant no. 1 abovenamed to the extent of Rs.740,20,673.97." 5. In order to avoid the liability arising out of the cheques, it was expected of the petitioner herein to have prima facie showed that he had sufficient credit balance in the account but he could not honour the cheuqes owing to the injunction order of the appropriate Forum of this court. There is no such intimation by the petitioner. The order of the High Court do not restrict the petitioner to honour the cheques issued in favour of the original complainant. The accounts were not frozen for operation beyond the limits referred in order. Therefore, the order impugned does not call for interference. Petition lacks merit. Dismissed. (K.U. CHANDIWAL,J.)