RAINBOW PAPERS LIMITED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this application, the applicants, who are a Company and its Directors, have approached this Court challenging order dated 15/02/2017 passed by the Court of 21st Judicial Magistrate First Class (Special Court), Nagpur (Magistrate), whereby process has been issued against them on a complaint filed by non- applicant No.2 under section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "Act of 1881").

(2.) Non-applicant No.2 filed complaint dated 23/11/2016, before the Court of Magistrate, claiming that the applicants before this Court are liable to be punished for the offence punishable under section 138 of the Act of 1881. The said complaint has been registered as Summary Criminal Complaint No.17257 of 2016. By the impugned order, the Magistrate has issued process against the applicants.

(3.) In the present application, this Court issued notices on 15/06/2017, and granted interim stay to the proceedings before the Magistrate. An attempt at mediation resulted in failure. On 25/01/2018, this Court granted Rule in the present application and the interim stay was continued. The record shows that non- applicant No.2 (original complainant) is represented by an Advocate. But, when the application is called out for hearing today, none has appeared on behalf of non-applicant No.2. The cause list, for today, specifically carries a note that final hearing matters at Sr. Nos.211, 215, 216, 225 to 228 shall not be adjourned on any ground. The present application is listed at Sr.No. 215 and it is taken up for final hearing.