AMIT BORKAR
Hubtown Limited – Appellant
Versus
Ashok Commercial Entperise – Respondent
JUDGMENT
Amit Borkar, J. - This petition under article 227 of the Constitution of India read with section 482 of the Code of Criminal Procedure, 1973 (hereafter 'CrPC', for short) assails the legality, propriety and correctness of order dated 23rd October, 2018 passed by the learned Metropolitan Magistrate, 28th Court, Esplanade, Mumbai issuing process against the petitioners for offence under section 138 of the Negotiable Instruments Act, 1881 (hereafter 'NI Act', for short) and order dated 29th July 2022 passed by the learned Additional Sessions Judge, Greater Mumbai in Criminal Revision Application No.1418 of 2019 confirming order of issuance of process.
2. Considering limited issue involved in these petitions, only those facts which are necessary for adjudication of the said issue are stated.
3. The respondent No.1 is the complainant who has filed a complaint under section 138 of the NI Act. The learned Metropolitan Magistrate 28th Court, Esplanade, Mumbai by order dated 23rd October, 2018 issued process against the petitioners and others. The said order of issuance of process was challenged before the learned Sessions Court. The learned Sessions Court by the impugned order confir
A.C. Narayanan v. State of Maharashtra & Another reported in (2014) 11 SCC 790
Amar Singh v. Union of India and Others reported in (2011) 7 SCC 69
Indian Bank Association V/S Union of India reported in (2014) 5 SCC 590
K.S. Joseph Vs. Philips Carbon Black Ltd. & Anr. reported in (2016) 11 SCC 105
Meters & Instruments Pvt. Ltd. V/s Kanchan Mehta reported in (2018) 1 SCC 560
Uday Shankar Triyar V/s Ram Kalewar Prasad Singh & Ors. reported in (2006) 1 SCC 75
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.