J.K. Maheshwari, Atul S. Chandurkar, JJ
Renuka – Appellant
Versus
State of Maharashtra – Respondent
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| 1. procedural background of the dishonoured cheque complaint. (Para 1 , 2) |
RENUKA APPELLANT VERSUS THE STATE OF MAHARASHTRA RESPONDENTS AND ANOTHER J U D G M E N T ATUL S. CHANDURKAR, J.
1. Leave granted.
2. On a complaint filed under Section 138 of the Negotiable Instruments Act, 1881, Digitally signed by, learned Metropolitan Magistrate on being satisfied that there was prima-facie material to proceed against the second respondent issued process on 17th June 2022. The second respondent invoked the revisional jurisdiction of the Sessions Court Signature Not Verified Gulshan Kumar Arora Date: 2026.04.07 Reason:
1 For short, the N.I. Act for challenging the said order. The Sessions Court was of the view that on the date of issuance of the cheque in question, there was no legally enforceable debt to be satisfied by the drawer. By the order dated 30th December 2022, it set aside the order passed by the learned Metropolitan Magistrate issuing process. The complainant approached the High Court of Bombay by filing a writ petition under Article 227 of the Constitution of India and challenged the order passed by the Sessions Court. The learned Single Judge, however, dismissed t
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