SUNLIFE APPARELS Vs. WORLD TRADE EXPOSITION
LAWS(BOM)-1997-12-100
HIGH COURT OF BOMBAY
Decided on December 10,1997

Sunlife Apparels Appellant
VERSUS
World Trade Exposition Respondents

JUDGEMENT

- (1.)THIS application is preferred by the petitioners-accused under section 482 of the Criminal Procedure Code against the process issued by the learned Metropolitan Magistrate, Bombay, in Case No.168/S of 1991 filed against them disclosing an offence punishable under section 138 of the Negotiable Instruments Act.
(2.)THE case disclosed in the complaint is that cheque was issued by the petitioners in favour of respondent No.1 but the same was dishonoured when presented in the Bank. However, the petitioners's case was that payment was stopped because of non-fulfillment of the promises made by the complainant-respondents. On this complaint, the learned Magistrate issued process against the petitioners against which they have come to this Court by way of this application.
Heard Mr.Tripathi for the petitioners.

(3.)GOING through the complaint and the other documents on record, in my view, the petitioners in this application cannot invoke this Court's inherent jurisdiction under section 482 of the Criminal Procedure Code. This is not a case where this court can exercise its inherent power and jurisdiction. However, the petitioners are at liberty to move the trial Court and raise the contentions raised in this application before the learned Magistrate. The contentions raised in this application are all disputed questions of fact. Therefore, this application challenging the process issued against the petitioners deserves to be dismissed.


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