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2018 Supreme(Bom) 1370

VIBHA KANKANWADI
Rajeev Raj Kumar (Company Secretary), M/s. Amtek Auto Ltd. – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Applicants : Mr. R.N. Dhorde, Mr. S.V. Natu.
For the Respondents: Mr. K.D. Munde, Mr. R.R. Totla.

JUDGMENT :

VIBHA KANKANWADI, J.

1. Since both the parties are same in both the proceedings and on similar grounds, the proceedings are challenged, both these matters are disposed of by this common judgment.

2. Both these applications have been filed invoking the inherent powers of this Court under Section 482 of the Code of Criminal Procedure, 1973, in order to quash and set aside the order of issuance of process and the proceedings filed against the applicants by respondent no. 02, before learned Judicial Magistrate (First Class), Court No. 07, Aurangabad. Criminal Application No. 2052 of 2018 challenges the order of issuance of process passed on 16.11.2017 and proceedings in Summary Criminal Case No. 7882 of 2017. Criminal Application No. 2055 of 2018 challenges the order of issuance of process passed on 02.11.2017 and proceedings in Summary Criminal Case No. 7504 of 2017. Both the proceedings are filed under Section 138 of the Negotiable Instruments Act, 1881 [For short, hereinafter referred to as "N.I. Act"].

3. Respondent no. 02 original complainant had come with a case, that it is a company registered under the Companies Act, 1956, and it is a leading company in alloy steel plant























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