SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 Supreme(Bom) 1001

AMIT BORKAR
Hubtown Limited – Appellant
Versus
Ashok Commercial Entperise – Respondent


Advocates appeared:
Aabad Ponda, Advocate, Harsh Ghangurde, Advocate, Ajeet Manwani, Advocate, Faizal Vora, Advocate, A.R. Patil, Advocate

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

    Click Here to Read the rest of this document
    1
    2
    3
    4
    5
    6
    7
    8
    9
    10
    11
    SupremeToday Portrait Ad
    supreme today icon
    logo-black

    An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

    Please visit our Training & Support
    Center or Contact Us for assistance

    qr

    Scan Me!

    India’s Legal research and Law Firm App, Download now!

    For Daily Legal Updates, Join us on :

    whatsapp-icon telegram-icon
    whatsapp-icon Back to top