ABDUL AZIZ LOKHANDWALA Vs. NASIR ALI

JUDGEMENT

(1.) Since the common law points are involved in all these petitions, all these petitions are taken up for hearing together. The petitioners in each of these petitions are facing trial under section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the N.I. Act').

(2.) So far as Criminal Writ Petition No. 3152 of 2009 is concerned, a Division Bench of this Court by its order dated 2nd December, 2009 directed the Registry to club this petition along with Writ Petition Nos. 1544 of 2009 and 1545 of 2009, as the point involved in the said petition is the same and that is how all these writ petitions are placed for hearing together. On behalf of the petitioners it is submitted that the provisions of section 145 of the Negotiable Instruments Act are ultra vires the provisions of Article 21 of the Constitution of India and the said section is required to be struck down.

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