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2013 Supreme(Bom) 12

M.L.TAHALIYANI
Netcore Solutions Pvt. Ltd. – Appellant
Versus
Pinnacle Teleservices Pvt. Ltd. – Respondent


JUDGMENT

1. Heard learned counsel for the parties.

2. The main grievance of the petitioners is that the learned trial Magistrate without following the order passed by this Court in Writ Petition No.138 of 2011 had issued process against the petitioners for the offence punishable under Section 138 read with Section 141 of the Negotiable Instruments Act.

3. Respondent Nos.1 and 2 had filed complaint bearing No. 16047 of 2010 in the Court of Judicial Magistrate First Class, Nagpur against the petitioners for the offence punishable under Section 138 of the Negotiable Instruments Act. Statement of the complainants/ respondents on oath was recorded for verification of the correctness of the complaint and a process was issued against the applicants to answer the charge for the offence punishable under Section 138 of the Negotiable Instruments Act on 16th December, 2010. The said order was challenged before this Court in Writ Petition No. 138 of 2011. This Court (Coram : A.P. Bhangale, J) while finally deciding the said writ petition took a view that the inquiry as contemplated under Section 202 (1) of the Code of Criminal Procedure in the cases where the accused are residing at a place bey







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