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2009 Supreme(Bom) 1761

P.R.BORKAR
Pioneer Drip Systems – Appellant
Versus
Jain Irrigation Systems – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:B.L. SagarKillarikar, Advocate.
For the Respondent:K.C. Sant, Advocate.

Judgment :

1. This is a petition filed by the original accused person challenging issuance of process in Summary Criminal Case No. 2972 of 2004, filed in the Court of 2nd Jt. Judicial Magistrate, First Class, Jalgaon, which order was confirmed in Criminal Revision Application No. 142 of 2006 by the Additional Sessions Judge-2, Jalgaon, on 23.06.2009.

2. Rule. Rule made returnable forthwith. With consent of learned advocates appearing for the parties, this petition is heard finally at the stage of admission.

3. It is no more disputed that the respondents M/s. Jain Irrigation Systems Ltd., Jalgaon filed Criminal Case No. 2972 of 2004 against the present petitioners for commission of offence punishable under Section 138 of the Negotiable Instruments Act. It is alleged that the respondent company has business of manufacturing/marketing PVC pipes, irrigation system and components etc. Present petitioner No. 2 is the Managing Director of petitioner No.1 and it is also doing business of PVC pipes, drip irrigation system and components, as dealer of complainant/respondent company. From time to time the petitioners purchased irrigation system and components from the respondent company on cr

























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