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A.S.OKA
Amarnath Baijnath Gupta – Appellant
Versus
Mohini Organics Pvt. Ltd. – Respondent


Advocates appeared:
Mr.S.R.Chitnis, Senior Advocate with Sameer M. Mangaonkar for the petitioners in both the petitions.
Mr.Anil Agarwal for respondent no.1 in both the petitions.

JUDGEMENT :-

1. On 17th July 2008, in these two petitions, this Court issued notice for final disposal at the admission stage. Further submissions were heard by this Court on 21st August 2008 and 8th September 2008.

2. When the petitions were placed before this Court (Coram : V.K.Tahilramani, J.) on 8th October 2008, the registry was directed to place these petitions before the Hon’ble the Chief Justice for appropriate orders as a contention was raised that the petitions have been substantially argued before this Court. Accordingly, by an administrative order dated 20th October 2008 passed by the Hon’ble the Chief Justice, these petitions have been assigned to this Court. Accordingly, the petitions were taken up for final hearing on 21st November 2008.

3. It is not in dispute that the facts leading to filing of these two petitions are more or less identical. Therefore, a reference is made to the facts of the case in Criminal Writ Petition No.1444 of 2008. The first respondent filed a private complaint against the petitioners and four others alleging commission of an offence under section 138 read with section 141 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "t














































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