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D.B.BHOSALE, BHOSALE
Bank of Rajasthan Ltd. – Appellant
Versus
Shyam Sunder Taparia Akai Impex Ltd. – Respondent


Advocates:
Counsel for the Parties:
For the Petitioners:Kartik Somsundaram i/b. Paras Kuhad, Advocate.
For the Respondent No. 1:M.P. Dalvi, Advocate.
For the State in W.P. Nos. 928/06, 933/06: A.S. Shitole, A.P.P.
For the State in W.P. No. 929/06: Mrs. M.M. Deshmukh, A.P.P.
For the State in W.P. No. 930/06: R.Y. Mirza, A.P.P.
For the State in W.P. No. 931/06: Mrs. M.H. Mhatre, A.P.P.
For the State in W.P. No. 932/06: S.V. More, A.P.P.

Judgment

Bhosale D.B., J.—Heard learned Counsel for the petitioner and respondent No. 1 and learned A.P.P. for the State.

2. All these writ petitions are directed against cryptic Order passed by the Sessions Court on 19.1.2006 by which all the complaints filed by the petitioner bank have been dismissed. The Order passed by the Sessions Court reads thus:

“Ms Joshi APP for State present.

Ms. Pradhan Advocate for applicant and

Ms. Sagar Advocate for the respondent are present.

Heard

In view of SMS Pharmaceuticals the case cannot be maintained against the present applicant. Complaints against them dismissed”.

3. The courts are not expected to pass such cryptic Orders. The learned Judge, in the present case, ought to have record short reasons demonstrating as to how the case in hand was covered by the Judgment of the Apex Court in SMS Pharmaceuticals Pvt. Ltd. v. Neeta Bhalla and another.1 The learned Judge even did not felt it necessary to mention full title of the Judgment of the Apex Court and the citation thereof while dismissing all the complaints relying upon the said Judgment. His approach while passing drastic Orders, dismissing the complaints under Section 138 of the Negotiable Instru











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