GAYA PHARMACEUTICALS Vs. LYKA EXPORTS LTD

JUDGEMENT

(1.) The petitioners are the accused in a prosecution under Section 138 of the Negotiable Instruments Act and that prosecution is pending before the Metropolitan Magistrate Court-12, Bandra, Mumbai, Maharashtra. Cognizance has been taken by the learned Magistrate. Processes have been issued against the petitioners.

(2.) That court functions within the jurisdiction of the High Court of Maharashtra. The petitioners have come to this court with the prayer that the proceedings initiated against him before that court may be quashed invoking the powers under Article 226 of the Constitution.

(3.) What is the ground? The short contention raised is that prosecution in respect of four cheques cannot be the subject matter of one prosecution as the same violates the mandate of Section 219 Cr.P.C. This, in short, is the contention raised.