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2011 Supreme(Bom) 347

J.H.BHATIA
ASR Systems Private Ltd. – Appellant
Versus
Kimberly Clark Hygiene Products Pvt. Ltd. – Respondent


Advocates Appeared:
For the Petitioners:Mohan Pungliya a/w Neel M. Pungliya, Advocates.
For the Respondents:R1, Abhay Ostwal, Advocate, R2, Smt. V.R.Bhosale, APP.

Judgment :

1. Rule. Rule made returnable forthwith.

2. As in both these petitions, parties are the same and questions raised are also similar, therefore, both of them can be disposed off by the common judgment.

3. Respondent no.1, who is the original complainant is private limited company registered under the Companies Act having its office situated at Village: Mann Taluka: Mulshi, District: Pune. Petitioners before this Court are the original accused nos.1 and 2 respectively. Accused no.1 is a private limited company situated at New Delhi and accused no.2 is Managing Director of the said company. Complainant filed complaints under Section 138 of the Negotiable Instrument Act in the Court of J.M.F.C., Pune. According to the complainant, it deals in the business of sale of facial tissues, papers towels, paper napkins, etc. Accused are the distributors of the company. Accused in regular course of the business placed an order with the complainant and as per the orders, goods were supplied by the complainant to the accused. In the said transaction, accused incurred huge liability as debt. To discharge the existing legal liability, the accused asked the complainant to deposit the cheque

























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