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1997 Supreme(Cal) 178

S.K.Tiwari
Rabin Jhunjhunwala – Appellant
Versus
L. K. Mohta – Respondent


Advocates Appeared:
Ashim Roy, Balai Chandra Roy, K.A. Bhaduri, P.K. Jhunjhunwala, Tapan Deb Nandy, Y. Dastur

Judgment

1. THIS order shall govern the disposal of Cr. Rev. Nos. 2626 to 2630 of 1996 also.

2. THESE petitions have been filed for quashing Case Nos. C/1763 of 1996, C/ 1762 of 1995, C/1761 of 1995, Case No. C/3 of 1996 (T. R. 67 of 1996), C/116 of 1996 and C/1711 of 1995 being T. R. No. 83 of 1996, pending in the Court of Additional chief Judicial Magistrate, Sealdah. The petitioner is a landlord in respect of the premises occupied by petitioner orissa Industries Limited, having its principal office at Rourkela. It also has a local office in the tenanted premises owned by complainant at Calcutta. The present petitioner Mr. K.P. Jhunjhunwala is one of the Directors of the company and in charge of company's local office. The petitioner issued certain post-dated cheques on behalf of his company which ultimately bounced. The opposite party served a notice in each case and required him to make payment within one week failing which the prosecution would be launched. Since no payment was made separate prosecution for each default has been launched.

3. THE petitioner has urged the following grounds :-

(i) Since the company has not been made an accused, an authorised signatory or a Director













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