1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO.3537/2009 Applicant:- Shrikant Bhagwandas Patel Ori. Accused No.2 aged adult, Occ. Business, Manager-cum-authorised signatory r/o Near Jalaram Mandir Birla Colony, Asthavinayak Building, Akola, Tq. and Distt. ...Versus... Non-applicants:- 1. Mahendrakumar Badrinarayan Ori. Complainant Kejdiwal Aged about 60 years, Occ. Retired Birla Colony, Akola Tq. and Distt. Akola. 2. State of Maharshtra (Deleted). --------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------- [Shri N.A. Gaikwad, Adv. for applicant] CORAM:- A.B. CHAUDHARI, J. DATED :- 05.03.2010 1. Heard learned Counsel for the applicant, who submits that the applicant is merely a power of attorney holder of the deceased owner of the firm and it is in that capacity he has signed the cheque in question. He, however, fairly admits that he is a signatory to the cheque in question. 2. Having heard learned Counsel for the applicant and looking to the fact that the applicant admittedly is a signatory to the cheque, in the light of the decision of the Supreme Court in the case of S.M.S. Pharmaceuticals Ltd....Versus...Neeta Bhalla and another, reported in 2007 (4) Mh.L.J. 452, 2 Supreme Court, no case is made out for interference and the issue is covered by the said Supreme Court decision. Hence, the criminal application is dismissed. JUDGE SSW