- (1.)THIS matter appeared on Board on number of occasions. However, Opponent No. 1 continuously remained absent though duly served.
(2.)THE present Criminal Application is filed by the applicant/original accused being aggrieved by the order of issuance of process passed by the Metropolitan Magistrate, 33rd Court, Ballard Pier, Bombay in Criminal Case No. 51/s of 1991 under section 138 of the Negotiable Instruments Act, 1881.
(3.)FEW facts which are required to be stated are as follows: as per the story of the applicant, Applicant and Opponent No. 1 had entered into an agreement dated 18th July, 1990, and by this agreement, the Opponent No. 1 purchased the rights to telecast the T. V. Serial "sunehre Warq". The Opponent No. 1 was to make payment of Rs. 9,10,000/- as per the Schedule of the agreement, but paid only Rs. 1,18,000/ -. As the money was not forthcoming, the contract was terminated by the applicant and he returned the cheque by letter dated 23rd August, 1990. Cheque dated 1st September, 1990 was presented by the Opponent No. 1 in their Bank on 27th November, 1990 but the same was returned dishonoured to the Opponent No. 1 by the Bank with intimation dated 7th December, 1990 with remarks "refer to Drawer".