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1995 Supreme(Online)(Bom) 6

BOMBAY HIGH COURT
R.M. Lodha, J
Mayuri Pulse Mills v. Union of India


Advocates:
For the Appellants/Petitioners: J.N. Chandurkar, V.S. Sohoni
For the Respondents: J.K. Gilda

1 The constitutional validity of S.138, 139, 140 and 141 in Chap.17 of the Negotiable Instruments Act, 1881 (for short "the N.I. Act"), as enacted by the Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988, is under challenge in this bunch of six writ petitions. Since all these writ petitions involve the aforesaid common question of law, these petitions are decided by this common judgment.

2 Before we appreciate the submissions made by learned counsel challenging the provisions of S.138, 139, 140 and 141 of the Negotiable Instruments Act, 1881 , as ultra vires and violative of Art.14 and 21 of the Constitution of India, briefly the facts of Criminal Writ Petition No. 91 of 1994 may be adverted to.

3 It is alleged in Criminal Writ Petition No. 91 of 1994 (Mayuri Pulse Mills v. Union of India) that respondent No. 4, Parmanand Mohanlal Rathi, proprietor, Rathi Trading Company, filed a complaint against the petitioners under S.142 of the Negotiable Instruments Act, 1881 , alleging that the petitioners have committed offences under S.138 and 141 of the . According to the complaint, the petitioners issued two cheques drawn on the State Bank




















































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