HUBTOWN LIMITED Vs. ASHOK COMMERCIAL ENTPERISE

JUDGEMENT

(1.) This petition under article 227 of the Constitution of India read with sec. 482 of the Code of Criminal Procedure, 1973 (hereafter "CrPC ", for short) assails the legality, propriety and correctness of order dtd. 23/10/2018 passed by the learned Metropolitan Magistrate, 28th Court, Esplanade, Mumbai issuing process against the petitioners for offence under sec. 138 of the Negotiable Instruments Act, 1881 (hereafter "NI Act ", for short) and order dtd. 29/7/2022 passed by the learned Additional Sessions Judge, Greater Mumbai in Criminal Revision Application No.1418 of 2019 confirming order of issuance of process.

(2.) Considering limited issue involved in these petitions, only those facts which are necessary for adjudication of the said issue are stated.

(3.) The respondent No.1 is the complainant who has filed a complaint under sec. 138 of the NI Act. The learned Metropolitan Magistrate 28th Court, Esplanade, Mumbai by order dtd. 23/10/2018 issued process against the petitioners and others. The said order of issuance of process was challenged before the learned Sessions Court. The learned Sessions Court by the impugned order confirmed the order of issuance of process.