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A.S.OKA
GEETA MARINE SERVICES PVT. LTD. – Appellant
Versus
STATE – Respondent


Advocates:
ADVOCATE APPEARED:
In Cri. Appln. No. 2633 of 2008 :
For applicants: Vijay Pradhan, Senior Counsel with R. Satyanarayanan instructed by Ravindra Sharma
For State: D. R. More, A.P.P.
For respondent No.2: Joseph Verghese
In Cri. w.P. No. 331 of 2008 :
For petitioner: S. V. Manvadi instructed by S. P. Narkar
For State: D. R. More, A.P.P.
For respondent No.2: R. Satyanarayanan with J. S. Darod
In Cri. w.P. Nos. 1170 to 1172 of 2008 :
For petitioners: S. V. Marwadi instructed by S. P. Narkar
For State: J. P. Yagnik, A.P.P.
For respondent No.2: Yashpal Thakur along with Sameer Mohite, Vivek Patil and Ms. Puja Zade instructed by M/s Paras Kuhad and Associates
In Cri. TYP. No. 738 of 2008 :
For petitioner: Uday Warunjikar For State: Mrs. P. P. Shinde, A.P.P.
For respondent No.2: Kafil Khan and Ms. Archana Thakkar

ORAL JUDGMENT ;-

I have heard the submissions of the learned Counsel appearing for the parties. With a view to appreciate the submissions of the learned counsel appearing for the parties, it will be necessary to refer to the facts of the case in brief.

2. Criminal Writ Petition No. 331 of 2008 has been filed for challenging the order dated 27th December, 2007 passed by the learned Metropolitan Magistrate by which an application made by the petitioner under section 145(2) of the Negotiable Instruments Act, 1881 (hereinafter referred to as the said Act) has been rejected. The petitioner has been arraigned as an accused in a complaint filed by the 2nd respondent under section 138 of the said Act. The application was made by the petitioner contending that in view of sub-section (2) of section 145 of the said Act, the 2nd respondent will have to appear before the Court and his examination-in-chief will have to be recorded with regard to the facts stated in the affidavit in lieu of examination-in-chief.

3. Criminal Writ Petition Nos. 1170 of 2008, 1171 of 2008 and 1172 of 2008 have been filed by the same petitioner who has been arraigned as an accused in complaints filed by the 2nd responde





































































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