Dismissed

Urison Exports Pvt. Ltd. and Ors. v. Shikhar Trading Ltd.and Ors.

Bombay HC1 Sept 2005APPLN/2306/2005

Case brief

AI extract

What is this about?

In Criminal Application No.2306 of 2005, the High Court held that an efficacious remedy of revision existed before the Sessions Court. The High Court dismissed the application for quashing of process issued under Section 138 NI Act and ordered a stay of trial proceedings pending the filing of revision.

What did the court decide?

Criminal application dismissed. Liberty granted to prefer revision. Trial stayed for four weeks.

Urison Exports Pvt. Ltd. and Ors. Vs Shikhar Trading… — Banking and Recovery | Bombay HC (2005)

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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 CRIMINAL APPELLATE JURISDICTION
 CRIMINAL APPLICATION NO.2306 OF 2005

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 Urison Exports Pvt.Ltd.
 and Ors. ..Applicants

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Vs.

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 Shikhar Trading Ltd.
 & Anrs. ..Respondents

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 ...
 Mr.Vijay M.Vaghela & Arjun
 Bhilare Advocate for Applicants
 Mr.D.P.Adsule, A.P.P. for the State
 ...

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 CORAM: SMT.V.K.TAHILRAMANI,J.
 DATE : SEPT. 1,2005

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P.C.

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 1. Heard the learned advocate for the applicants
 and the learned A.P.P. for the State.

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 2. The applicants are seeking quashing of process
 issued against them by the learned Addl.Chief
 Metropolitan Magistrate, 23rd Court at Esplanade,
 Mumbai in Complaint No.592/S/2002. In the said
 case, process was issued under Section 138 of
 Negotiable Instruments Act.

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 3. For the reasons recorded in my order dated 13th

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 June, 2005 in W.P.No. 213 of 2005 and dated 21st
 June, 2005 in Cri.Application No.550 of 2005, I am
 of the opinion that the applicants have an
 efficacious remedy of preferring revision against
 the order of Magistrate issuing process. Hence, in

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 my view, it would be appropriate that the
 applicants prefer a revision before the concerned
 Sessions Court against the order of the Magistrate
 issuing process.

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 4. Liberty is granted to the applicants to prefer

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 the necessary revision before the concerned
 Sessions Court. The learned advocate for the

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 applicants makes a statement that the necessary
 revision will be preferred within four weeks from
 today. In view of this statement, the trial before
 the trial Court is stayed for a period of four
 weeks from today.

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 5. On the necessary revision being preferred by
 the applicants before the concerned Sessions Court,
 the concerned Sessions Court shall dispose of the

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 matter on merits after hearing the necessary

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 parties.

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6. Criminal Application is disposed of.

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7. Authenticated copy be issued to the parties.

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 [V.K.TAHILRAMANI,J.]

Urison Exports Pvt. Ltd. and Ors. v. Shikhar Trading Ltd.and Ors.

Case brief

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What did the court decide?

Urison Exports Pvt. Ltd. and Ors. v. Shikhar Trading Ltd.and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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