Single judge of the Bombay High Court disposed of criminal writ petitions challenging issuance of process under Section 138 of the Negotiable Instruments Act, granting liberty to approach Metropolitan Magistrate for revision.
Liberty to adopt appropriate recourse under the law under Section 138 of the Negotiable Instruments Act.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
903-wp-236-2012
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.236 OF 2012 WITH CRIMINAL WRIT PETITION NO.238 OF 2012 WITH CRIMINAL WRIT PETITION NO.239 OF 2012
Mr. Nilufer Vispi Damania .. Petitioner. V/s. State of Maharashtra & Another .. Respondents.
Mr. S. V. Marwadi i/b. Mr. S. P. Narkar, for the Petitioner. Mr. Yaspal Thakur i/b. M/s. Paras Kuhad, for Respondent No.2. Mrs. A. A. Mane, APP for Respondent No.1.
CORAM: K. U. CHANDIWAL, J. DATE : 4 DECEMBER, 2012.
P.C:-
Heard.
2 The Petitioners questioned issuance of process under Section
138 read with Section 141 of the Negotiable Instrument Act.
3 Mr. Thakur, the learned Counsel for the Respondent- Original
Complainant informs that adequate remedy of revision before the learned Metropolitan Magistrate is available and he also clarifies if the Petitioner
1 of 2
S.R.JOSHI
903-wp-236-2012
herein filed such revision and place reliance to the letter dated 21st September, 2009, he will not object for its maintainability before the learned Metropolitan Magistrate.
4 In view of the above situation, the Writ Petitions are disposed off with a liberty to adopt appropriate recourse under the law.
5 The learned Counsel for the Original Complainant shall not insist before the learned Metropolitan Magistrate about the application for issuing warrant against the Petitioner up to 19th December, 2012.
2 of 2
S.R.JOSHI
1 issue framed by the court
Whether the writ petition questioning the issuance of process under Section 138 of the Negotiable Instruments Act is maintainable.
1 provisions across 1 enactments
Mr. Nilufer Vispi Damania
State of Maharashtra
Another
K. U. CHANDIWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
