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2019 Supreme(Bom) 1791

S.S.SHINDE
Kulwant Chauhan – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
Niranjan Mundargi, Adv., Dnyaneshwar Jadhav, Adv., Anuja Desai, Adv., Saloni Vyas, Adv., A.R. Patil, Adv., Shyamli Hajela, Adv.

JUDGMENT :

S.S. SHINDE, J.

1. Rule. Rule made returnable forthwith. Since all these Criminal Applications involves common question of law and fact, by consent of counsel for the parties, the same are heard together and being disposed of finally at an admission stage.

2. It is submitted that, the facts involved in all the above matters are similar, except the cheque numbers and criminal complaint numbers therefore, Criminal Application No. 1433 of 2018 would be treated as a lead matter.

3. These Criminal Applications take an exception to the order passed by the learned Metropolitan Magistrate 44th Court at Andheri, Mumbai (for short "said Court") dated 03rd February 2018 thereby issuing process against the applicants for an offence punishable under Section 138 r/w 141 of the Negotiable Instruments Act,1881 (for short "the said Act").

4. The learned counsel appearing for the applicants submit that, if the allegations in the complaint are taken on its face value and read in its entirety an alleged offences are not disclosed. It is submitted that, learned Metropolitan Magistrate has not appreciated the legal position concerning the vicarious liability of a director in a company which is bei

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