LAWS(BOM)-2014-9-29

GIRISH JAGGAL Vs. SHREE MALLIKARJUN SHIPPING PVT. LTD

Decided On September 10, 2014
Girish Jaggal Appellant
V/S
Shree Mallikarjun Shipping Pvt. Ltd. Respondents

JUDGEMENT

(1.) Heard Mr. Vales, learned Counsel appearing on behalf of the petitioners in both the petitions and Mr. Ramani, learned Counsel appearing on behalf of the respondent in both the petitions.

(2.) This common Judgment shall dispose of both the above petitions as the parties, facts and law involved in both are the same though the cheques are different.

(3.) By these writ petitions, the petitioners have taken exception to the order dated 07/01/2013 passed by the Judicial Magistrate, First Class at Mapusa (trial Judge), separately, in Criminal Case No. 119/OA/NI/12/B and Criminal Case No. 126/OA/NIA/2012/C, thereby directing issuance of process against the petitioners under Section 138 of the Negotiable Instruments Act, 1881 (the Act, for short) and the order dated 18/10/2013 passed by the learned Additional Sessions Judge, Margao (Appellate Judge, for short), separately, in Criminal Revision Application No. 85/2013 and in Criminal Revision Application No. 74/2013. The petitioners have prayed for quashing of the complaints dated 09/11/2013 and 04/12/2012 filed by the respondent under Section 138 of the Act.