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E.S.DA SILVA
Rajan Kinnerkar – Appellant
Versus
Eric Cordeiro & Anr. – Respondent


JUDGMENT (ORAL)

Dr. E.S. da Silva, J. - This application is directed against the order of the learned J.M.F.C., Panaji, dated 18th August 1993 in Criminal Case No. N.C. 65193/B whereby the learned Magistrate after conducting the verification of the complaint in the aforesaid criminal case issued process against the petitioner and others for offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act).

2. The facts of the case are that the petitioner as one of the authorized signatories of the Company M/s. Goa Plast Pvt. Ltd., bad signed four cheques favouring the respondent, all allegedly dated 15th July 1992, being three for the sum of Rs. 2,00,000/- each bearing Nos. 245964, 245965 and 245966 and the fourth for an amount of Rs. 2,52809.76 bearing No. 245967. All the cheques were drawn on Goa Urban Co-operative Bank, Panaji. It is the case of the respondent No.1 that the petitioner was one of the in-charge of the Company and responsible jointly and severally to the said Company for the conduct of its business at the relevant time. There upon as per the instructions given to the respondent by the petitioner and the others the cheques were pre









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