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2023 Supreme(Bom) 1568

S. G. CHAPALGAONKAR
Ekveera Jewellers Anturli, Jalgaon As A Proprietor Nandkishor Shamakant Sonar – Appellant
Versus
Shaunak Deepak Kulkarni – Respondent


Advocates Appeared:
For the Petitioner: Mrs. Rashmi Kulkarni a/w Ms. Namita Thole and Rohit Dhongde.
For the Respondents: Mrs. P.V. Diggikar, Mr. Shripad Dodiya h/f Mr. Sunil Kaldate.

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

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