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2022 Supreme(Bom) 2665

PRAKASH D. NAIK
Mohan India Pvt. Ltd. – Appellant
Versus
National Spot Exchange Ltd. – Respondent


Advocates appeared:
Kevik Setalwad, Advocate, Vinay Bhanushali, Advocate, Vijay Singh, Advocate, Bhagyashree Ganwani, Advocate, Yashpal Thakur, Advocate, Nimeet Sharma, Advocate, Muddassar Bagadia, Advocate, S.R. Agarkar, Advocate

JUDGMENT/ORDER

1. The applicants in all these applications are prosecuted for offence under Sec. 138 of Negotiable Instruments Act, 1881 ('N.I.Act' for short). The applicants are aggrieved by order issuing process passed by learned Magistrate for offence u/s.138 of N.I. Act and the order passed by Sessions Court rejecting the Revision Applications challenging the order of process.

2. The complaints in all the cases were similar. The complainant is a company incorporated under The Companies Act and carries on business as a Spot Exchange providing for an electronic trading platform for spot contracts in commodities and compulsory delivery basis. The accused M/s.Mohan India Pvt.Ltd Company is a tradingcum-clearing member of the complainant. The other accused are Directors of accused no.1. The accused no.1 was a trading-cumclearing member admitted by the complainant and had been conferred with rights to trade and clear through clearing house of complainant and was allowed to make deals for himself as well as on behalf of his clients and clear and settle such deals. The Government of India directed complainant to furnish an undertaking that all existing contracts will be settled on due da

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