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HIGH COURT OF BOMBAY
S. G. CHAPALGAONKAR, J
EKVEERA JEWELLERS ANTURLI, JALGAON AS A PROPRIETOR NANDKISHOR SHAMAKANT SONAR – Appellant
Versus
SHAUNAK DEEPAK KULKARNI AND ANOTHER – Respondent
| Table of Content |
|---|
| 1. key facts of the case involving complaints under section 138. (Para 1 , 2 , 3 , 4) |
| 2. arguments on jurisdiction and process issuance procedures. (Para 5 , 6) |
| 3. court's observation regarding statutory compliance for process issuance. (Para 7 , 9 , 12) |
| 4. reasoning on inquiry requirements under section 202. (Para 8 , 10 , 11) |
| 5. final order and directions for remand to the magistrate. (Para 13 , 14 , 15) |
ORDER:-
1. This group of Writ Petitions is clubbed together for hearing, since it raises common question of law and facts. It arises out of the complaints instituted under Section 138 of the Negotiable Instrument Act by respective respondents against the petitioner. The petitioner raises challenge to the order of issuance of process passed by the Judicial Magistrate First Class, Jalgaon, so also the order of the Sessions Court passed in Revision, thereby confrming the order of Magistrate.
2. In nutshell, the complaints are fled with contention that the respondent is in the business of selling gold and silver ornaments and runs his business in the name and style as “Ekveera Jewellers Anturli”. In pursuance of the said business, the petitioner had foated a scheme by whic
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