JUDGMENT - CHITRE J.G., J.:---The petitioner is hereby taking exception to the order passed by the Additional Chief Metropolitan Magistrate, 37th Court, Mumbai, dated 24-3-1999, whereby the said Court took cognizance of a complaint filed by respondent No. 2 and issued process against the petitioner in context with provisions of section 138 of Negotiable Instruments Act (hereinafter referred to as Act for convenience).

2. The respondent No. 2 filed a complaint by alleging that the petitioner issued following cheques to him and when they were presented for encashment, were dishonoured.

1. Cheque No. 58534, dated 15-3-1998 for Rs. 17,005/-.

2. Cheque No. 58535, dated 15-4-1998 for Rs. 17,005/-.

3. Cheque No. 58536, dated 15-5-1998 for Rs. 17,005/-.

4. Cheque No. 58537, dated 15-6-1998 for Rs. 17,005/-.

5. Cheque No. 58538, dated 15-7-1998 for Rs. 17,005/-.

The respondent No. 2 complained, that by dishonouring of the cheques the petitioner committed the offence punishable under section 138 of the Act. The learned Magistrate took cognizance of the said complaint and by the impugned order issued the process against the petitioner and that is the subject-matter of challenge in this writ petition

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