ORAL JUDGMENT.

Heard. Issue Rule, returnable forthwith. Learned Senior Counsel appearing for Respondents, waive notice. By their consent, the matter is taken up for final disposal.

2. By present Writ Petition filed under Articles 226 and 227 of the Constitution of India, the petitioner’s challenge is to the common orders passed by the learned 10th Joint Civil Judge, Senior Division and Additional Chief Judicial Magistrate, Nagpur below Exhs.39 and 1 in Criminal Complaint Case No.7281/2019 on 31.01.2025, by which the application filed by the respondent nos. 2 and 3/original accused at Exh.39 came to be allowed and they were discharged of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and by another order of the same date at Exh.1, the learned Trial Court has held that in view of the order passed below Exh.39, the complaint is not maintainable against the accused no.1 and thus disposed of the said complaint.

3. The facts in brief are as under :

The petitioner is Proprietor of Ortho Relief Hospital and Research Centre, Nagpur, whereas the respondent no.1 is a Company engaged in the business of liquor distillation and respondent nos.2 and 3 are i