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2009 Supreme(Bom) 139

A.S.OKA
Good Value Marketing Company Limited – Appellant
Versus
Montex Corporation – Respondent


Advocates appeared
Mr.Subhash Jha i/by M/s.Law Global for the applicants.
Mr.N.K.Thakore with Prakash Naik for respondent no.1.
Mr.J.P.Yagnik, APP for the State in Application No.1170 of 2008.
Miss A.J.Javeri, APP for the State in Application No.1171 of 2008.
Mr.Y.S.Shinde, APP for the State in Application No.1172 of 2008.

JUDGEMENT :

1. The submissions of the learned counsel for the parties have been heard. The facts of these three applications are more or less similar. Hence, for the sake of convenience, I am referring to the facts in Criminal Application No.1170 of 2008. The applicants are the accused in a complaint filed by the first respondent alleging commission of offence under section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "the said Act of 1881"). The learned Magistrate acquitted the applicants in this application. The first respondent filed Criminal Application no.2081 of 2008 in this Court invoking sub section 4 of section 378 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the said Code of 1973"). The said application was heard on 28th July 2008. This Court granted leave and admitted the appeal. This Court directed that an action be taken under section 390 of the said Code of 1973. The prayer in this application is for recall of the said order dated 28th July 2008 and for a direction to place the application for leave for re-hearing. As the learned Judge who passed the order dated 28th July 2008 is not available at Mumbai, by administrat






































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