This criminal writ petition challenged the jurisdiction of the magistrate in a prosecution under Section 138 of the N.I. Act initiated before Section 142A was amended. The court held that the magistrate had power under Section 142A(2) and (3) and dismissed the petitions.
All the writ petitions were dismissed.
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.
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SAS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.841 OF 2018
CRIMINAL WRIT PETITION NO.842 OF 2018
CRIMINAL WRIT PETITION NO.843 OF 2018
CRIMINAL WRIT PETITION NO.844 OF 2018 CRIMINAL WRIT PETITION NO.845 OF 2018 CRIMINAL WRIT PETITION NO.846 OF 2018
CRIMINAL WRIT PETITION NO.847 OF 2018 CRIMINAL WRIT PETITION NO.848 OF 2018
Pankaj Tukaram Bagal V/s. The State of Maharashtra & Anr.
..Petitioner.
..Respondents.
Mr.M.R.Bodke for the petitioner in all the petitions.
Mr.S.R.Shinde, APP for the respondent in all the petitions.
CORAM: NITIN W.SAMBRE, J.
DATE : MARCH 9, 2018
P.C.:-
Heard respective parties.
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the Negotiable Instruments Act, 1881 ('the N.I. Act' for short) has reached a concluding stage, when the accused, perhaps with an intention to prolong the trial raised a ground in an application seeking shelter of section 142A of the N.I. Act for dismissal of the prosecution for want of jurisdiction.
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( NITIN W.SAMBRE, J. )
3 issues framed by the court
Whether the magistrate had jurisdiction to entertain proceedings initiated prior to the amendment introducing Section 142A of the N.I. Act.
Whether grounds raised under Section 142A of the N.I. Act can vitiate the jurisdiction of the court in a prosecution initiated before its enactment.
Whether the orders dismissing the writ petitions impugned the jurisdiction of the learned Magistrate.
2 provisions across 1 enactments
Pankaj Tukaram Bagal
The State of Maharashtra
Nitin W. Sambre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
