PARSHWA ENGINEERING PRIVATE LIMITED Vs. STATE OF MAHARASHTRA
HIGH COURT OF BOMBAY (AT: NAGPUR)
Parshwa Engineering Private Limited
STATE OF MAHARASHTRA
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(1.) Both these criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973 seek quashing of the complaints filed under Section 138 of the Negotiable Instruments Act, 1881 (for short, the said Act). As common challenges are raised, the applications are decided by this common judgment.
(2.) The non-applicant no.2 herein is a Corporation that has filed two complaints under Section 138 of the said Act. In Criminal Application No.3184/2007, the complaint filed is Criminal Case No.6029/2005. In said complaint, the present applicants have been arrayed as the accused persons. According to the complainant, the accused Nos.2 & 3 on behalf of the accused No.1 which is a Firm had approached it for financial assistance. After verifying the relevant documents, the complainant sanctioned raw material assistance to the Firm. An agreement was entered into between the parties. Pursuant to the assistance scheme, the accused Nos.1 and 2 issued cheques bearing Nos.295294, 295295, 295296 and 295297 dated 17 th May, 2001 These cheques issued by the accused nos.1 and 2 were dishonoured on 18-5-2001. After issuing notice under Section 138 of the said Act, the complaint came to be filed.
(3.) In Criminal Application No.3262/2007, the complaint bears Summary Criminal Case No.6757/2005. The cheque herein is alleged to be issued by the accused no.3 on behalf of the accused no.1. The cheque bears No.295276 dated 14-5-2001. This cheque issued by the accused no.3 was dishonoured on 16-5-2001. After issuing the notice under Section 138 of the said Act, the complaint came to be filed.;
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