RELIANCE INDUSTRIES LTD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The learned single Judge of this Court (A. R. Joshi, J.) by order dated July 9, 2009 has referred following two points for the determination by the Larger Bench, and accordingly, this Court is required to consider the following two points in these appeals for our decision :

(2.) On behalf of the appellants in both the appeals (hereinafter referred to as "the complainants"), reliance was placed upon the judgment of the learned single Judge (R. K. Batta, J.) in the case of Vijay s/o Ganesh Gondhalekar and another vs. Ramchandra s/o Girdharilal Sarda and another, 2003 1 MhLJ 47. On the other hand, on behalf of respondent nos.2 to 4 in both the appeals (hereinafter referred to as "the accused"), reliance was placed upon the judgment of the learned single Judge of this Court (V. R. Kingaonkar, J.) in the case of Roy Joseph vs. Sk. Tamisuddin, 2008 3 MhLJ 705 The learned Judge was of the opinion that the points in question are required to be decided by the Larger Bench in view of the conflicting views expressed in two different judgments by the two learned single Judges. Accordingly, as pointed out above, the aforesaid points have been referred for our consideration in these appeals.

(3.) Criminal Appeal No. 287 of 2009 arises from complaint numbered as CC No. 1866/SS/07 filed under section 138 of the Negotiable Instruments Act, 1881 (for short "the Act"). The complaint was presented before the learned Metropolitan Magistrate, 16th Court, Ballard Pier, Mumbai (for short "the Magistrate") on June 3, 2008 alleging that the accused issued 57 cheques drawn on Laxmi Vilas Bank., Fort, Mumbai, of the total value.of Rs. 3,21,52,204/-. The said cheques were issued by the accused between December 2, 1997 and March 9, 1998. The cheques were deposited by the complainant on April 5, 1998 and were returned by the Bank on April 6, 1998 with the remark "exceeds arrangement". The complainant issued notice through its Advocate on April 16, 1998 to the accused recording various facts and demanded the aforesaid amount. Reply was given by the accused through their Advocate on May 4, 1998 denying the allegations made in the notice. It is in these circumstances the complaint was presented through Mr. Lewellyn Joseph Gratian Rego, Senior Manager (Accounts) before the learned Magistrate on June 3, 1998. The learned Magistrate made the following endorsement on the complaint: