Single Judge dismissed Cr. Writ Pet. holding the matter not maintainable in High Court as issues regarding cheque settlement under NI Act should be adjudicated in lower court.
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wp264.12
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FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD
CRIMINAL WRIT PETITOIN NO. 264 OF 2012
Office Notes, Office |_________________________________________________________________________________
Memoranda of Coram, |
appearances, Court's |
orders or | Court's or Judge's Orders
directions and |
Registrar's orders |
_________________________________________________________________________________
Mr. A.R. Borulkar, advocate for the
petitioners.
Mr. G.R. Ingole, APP for the respondent no.1.
.....
CORAM : A.V. NIRGUDE, J.
Date : 16th April, 2012.
P.C. :
This Writ Petition is apparently not
maintainable because what the petitioners
are trying to tell this Court is clearly
theirdefence.Admittedly,the
petitioners/accused did not pay the
amount due of the cheque in question
within 15 days from the date of receipt
of the statutory notice. The case was
initiated thereafter and subsequently the
petitioners showed their willingness to
pay and infact paid part of the amount
but by that time the case had already
started. Now if the petitioners are ready
and willing to settle the case with the
complainant, which is quite possible
having regard to the facts mentioned in
the Petition, I think such possibility
2 wp264.12
can be explored only in the Lower Court.
What should be easily done in the Lower
Court should be done there. The Petition
stands dismissed.
( A.V. NIRGUDE, J.)
sga/
Petitioners
Respondent No.1
A.V. Nirgude
As recorded by the court registry
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