S. G. CHAPALGAONKAR
Ekveera Jewellers Anturli, Jalgaon As A Proprietor Nandkishor Shamakant Sonar – Appellant
Versus
Shaunak Deepak Kulkarni – Respondent
ORDER :
1. This group of Writ Petitions is clubbed together for hearing, since it raises common question of law and facts. It arises out of the complaints instituted under Section 138 of the Negotiable Instrument Act by respective respondents against the petitioner. The petitioner raises challenge to the order of issuance of process passed by the Judicial Magistrate First Class, Jalgaon, so also the order of the Sessions Court passed in Revision, thereby confirming the order of Magistrate.
2. In nutshell, the complaints are fled with contention that the respondent is in the business of selling gold and silver ornaments and runs his business in the name and style as “Ekveera Jewellers Anturli”. In pursuance of the said business, the petitioner had floated a scheme by which on investment of certain amount for more than two years, the interest at the rate of 1.25% per month was offered. On expiry of two years locking period, the investor was entitled to receive his deposited amount alongwith interest or gold of equal amount. The complainants participated in the scheme and deposited the amount. In lieu of the aforesaid deposits, the petitioner issued cheques, however, on presentation, di
Shivshankar Shrikushna Dhole Vs. State of Maharashtra and Ors. : 2021 AllMR (Cri.) 3409
The court established that compliance with Section 202 of the Criminal Procedure Code is mandatory when the accused resides outside the jurisdiction of the Magistrate, and failure to conduct an inqui....
Compliance under Sec. 202 of the Code of Criminal Procedure, when the accused is residing beyond the jurisdiction of the Magistrate, is mandatory.
Point of Law : Postponement of issue of process - The dictum is when Magistrate holds inquiry himself, it is not compulsory that he should examine The witnesses and in suitable cases Magistrate can e....
The court established that the amendment to Section 202(1) of the Cr.P.C. requires an inquiry only when the accused resides outside the jurisdiction, but if sufficient grounds are evident from the re....
The court established that the issuance of a cheque, even if post-dated or issued as security, can constitute a legally enforceable debt under Sec. 138 of the N.I. Act, and that the inquiry under Sec....
An enquiry under Section 202 of Cr.P.C. is mandatory before the issuance of process in Complaints filed under Section 138 of the Negotiable Instruments Act, 1881, and the Magistrate must comply with ....
The court cannot inquire into the reliability of the allegations in summary proceedings and no further inquiry is necessary if the summoning order demonstrates prima facie findings.
For summoning under Section 138 of the NI Act, recording of statements under Sections 200 and 202 Cr.P.C. is not required, and the evidence of the complainant may be given by affidavit as per Section....
In cases under Section 138 of the Negotiable Instruments Act, the evidence of witnesses on behalf of the complainant shall be permitted on affidavit, and the sufficiency of grounds for proceeding und....
An inquiry under Section 202 of the CrPC is mandatory before issuing summons to an accused residing outside the Magistrate's jurisdiction in cases under Section 138 of the NI Act.
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.