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A.B.PALKAR
D. H. Bhatter – Appellant
Versus
State Bank of Bikaner and Jaipur & others – Respondent


JUDGMENT - A.B. PALKAR, J.:---By these petitions the petitioner who is arraigned as accused in Criminal Case No. 239/S of 1999 to 248/S of 1999 pending in the Court of the learned Additional Chief Metropolitan Magistrate, Esplanade, Mumbai, seeks to quash and set aside the said complaint and the prosecution in pursuance thereof. There is an alternative prayer for stay of these proceedings pending hearing and final disposal of the case filed by respondent No. 3/Central Bureau of Investigation bearing No. RC 10A of 1992 in the Court of the Special Judge for Greater Bombay. The case of the petitioner in brief is as under:

2. All these complaints are filed against the petitioner for offence punishable under section 138 of the Negotiable Instruments Act. The complaints are filed by the State Bank of Bikaner and Jaipur. It is contended that the subject matter of the criminal complaint filed by respondent No. 1 (complainant) against the petitioner and others is same as that of criminal case initiated by the C.B.I. against the officers of respondent No. 1-Bank. The present criminal complaints for offence under section 138 of the Negotiable Instruments Act against the petitioner is an abuse















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