JUDGMENT :

SANDEEP K. SHINDE, J.

1. Rule. By consent of the parties, taken up for hearing forthwith.

2. Petitioners in these two petitions, filed under Article 227 of the Constitution of India challenge the order dated 13th October, 2017 (In Writ Petition No. 3710/2018) and order dated 11th September, 2017 (in Writ Petition No. 3711/2018) passed in C.C. No. 7854/SS/2016 and C.C. No. 9698/SS/2016 respectively by the Metropolitan Magistrate, Mumbai by which the petitioners were summoned as accused in the complaint filed by the respondent no. 2 for alleged offences punishable under Section 138 read with Section 141 of the Negotiable Instruments Act (“Act” for short).

3. This Court vide order dated 16th August, 2019 rejected the petition qua petitioners no. 1 to 6 and 8.

4. Insofar as, petitioner nos. 7, 9 and 10 are concerned, it was argued that these petitioners being “Independent Directors” could not have been prosecuted under Section 138 read with Section 141 of the Act. On this point, the complainant was directed to verify the position and submit. Accordingly, the respondent no. 2 filed an Affidavit of one, Snehal Sane and submitted that petitioner nos. 7, 9 and 10 are “Independent Dir