R.M.LODHA, M.B.GHODESWAR
Mayuri Pulse Mills – Appellant
Versus
Union of India – Respondent
RM. Lodha, J. - Constitutional validity of sections 138, 139, 140 and 141 in Chapter XVII of the Negotiable Instruments Act, 1881 (for short "the N.I. Act") as enacted by the Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988 is under challenge in this bunch of six writ petitions, Since all these writ petitions involve the aforesaid common question of law, these petitions are decided by this common judgment.
2. Before we appreciate the submissions made by the learned counsel challenging the provisions of sections 138, 139, 140 and 141 of the N.I. Act as ultra vires and violative of Articles 14 and 21 of the Constitution of India, briefly the facts of Criminal Writ Petition No. 91 of 1994 may be adverted to.
3. It is alleged in Criminal Writ Petition No, 91 of 1994, M/s. Mayuri Pulse Mills and others v. Union of India and others, that the respondent No.4 Parmanand Mohanlal Rathi, Proprietor, M/s. Rathi Trading Company filed the complaint against the petitioners under section 142 of the N.I. Act alleging that the petitioners have committed offences under sections 138 and 141 of the N.I. Act. According to the complaint, the petitioners i
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