JUDGEMENT
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(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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