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2022 Supreme(Bom) 882

N. J. JAMADAR
Karmayogi Shankarraoji Patil – Appellant
Versus
Ruia & Ruia Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Sanjeev P. Kadam, Ramdas Hake Patil
For the Respondent: Mr. Mihir Gheewala, Ali Kazmi, Sajid Sayed, AAK Legal, Ms. Anamika Malhotra

JUDGMENT :

1. Since these petitions arise out of identical facts and common question in law is involved, both the petitions are decided together.

2. Rule. Rule made returnable forthwith and, with the consent of the Counsels for the parties, heard finally.

3. The challenge in these petitions is to the orders passed by the learned Additional Sessions Judge, Greater Mumbai, in Criminal Revision Application Nos.1234 of 2016 and 1235 of 2016, whereby the learned Additional Sessions Judge was persuaded to dismiss the Revision Applications and affirm the orders dated 4th January, 2016, passed by the learned Metropolitan Magistrate, 33rd Court, Ballard Pier, Mumbai, in Criminal Complaint Nos.8222/SS/2015 and 8223/SS/2015, of issue of process against the accused-petitioners herein for the offence punishable under Sections 138 read with 141 Negotiable Instruments Act, 1881 (“the N. I. Act”).

4. Shorn of unnecessary details, the background facts relevant for determination of these petitions can be summarized as under-

    (a) The respondent No.1 – complainant is a Company registered under the Comp

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