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BOMBAY HIGH COURT
VALMIKI MENEZES, J
VALUE LINE INTERIORS PVT. LTD. – Appellant
Versus
TRIUMPH REALTY PVT. LTD. – Respondent
| Table of Content |
|---|
| 1. court assesses jurisdiction and basis for dishonour. (Para 1 , 2 , 3) |
| 2. overview of court's requirement at process issuance stage. (Para 4 , 5) |
| 3. clarification on the standard for upholding process issuance. (Para 6 , 10 , 11) |
| 4. final rejection of petition outlined. (Para 12 , 13) |
CORAM: VALMIKI MENEZES, J.
DATED: 24th June, 2025 P.C:
1. The petition takes exception to an order dated 21.04.2021 passed by the Sessions Court in Criminal Revision Application No.6/2021, in which the Petitioners had challenged an order dated 24.06.2020 passed by the J.M.F.C. in Criminal Case No. OA/431/2018/C by which it has issued process on the complaint filed under Section 138 of the N.I. Act. The Respondent is the original Complainant who has alleged in the complaint that the three cheques issued by the Petitioners were for consideration and were banked, according to the complaint, in an account at Goa, based on which the Magistrate at Margao had territorial jurisdiction to entertain the complaint. Process was issued by the learned Magistrate after examining the complaint and the documents annexed to the complaint.
2. The order of issuance of process was challenged in a Criminal Rev
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