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2019 Supreme(Bom) 2330

MRIDULA BHATKAR
Sudhir S. Jhunjhunwala – Appellant
Versus
Amoha Traders Pvt. Ltd. – Respondent


Advocates Appeared:
Mr. Aabad Ponda a/w. Sainyukta, Preeti Kashikar i/b. Mr. Prabhanjay R. Dave & Mr. Prashant S. Shina, Advocates, for the Appellant; Mr. Rahul O. Awasarmol, Advocate, Mr. Kamran Shaikh, Advocate, Mr. Vinod Chate, APP, for the Respondent

JUDGMENT

Mridula Bhatkar, J. - Rule. Rule made returnable forthwith. By consent of the parties, both the Writ Petitions are heard and decided together by a common order, at the stage of admission, as the short issue is involved in these Petitions.

2. In these Writ Petitions, the petitioner has challenged the order of issuance of process dated 4th August, 2017 against the petitioner under section 138 r/w. 141 of Negotiable Instruments Act by the learned Metropolitan Magistrate, 33rd Court at Ballard Pier, Mumbai in C.C. No. 2189/SS/2016 and C.C. No. 2190/SS/2016 and pursuant to which, summons were issued directing the petitioner to appear on 9th August, 2018.

3. The petitioner and his wife hold a joint bank account and both of them are in the business of land dealing. The petitioner''s wife, who is a co-accused, has issued three cheques in favour of the complainant, however, all the three cheques were dishonoured and so the complainant initiated action under the Negotiable Instruments. Therefore, he filed two complaints. Hence, these Writ Petitions.

4. The learned counsel for the petitioner has submitted that the petitioner and his wife are only the joint account holder. The cheques

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