LAWS(BOM)-2024-2-11

SUSHIL KUMAR SAXENA Vs. MOHAMMED SAMI AHMED

Decided On February 08, 2024
Sushil Kumar Saxena Appellant
V/S
Mohammed Sami Ahmed Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of the parties, heard finally at the stage of admission.

(2.) This petition under Article 226 of the Constitution of India is preferred to quash the proceedings in a Complaint Case No. 2361/SS/2011 lodged against the petitioner by the respondent No. 1 for an offence punishable under sec. 138 of Negotiable Instruments Act, 1881 (the Act, 1881).

(3.) A complaint for an offence punishable under sec. 138 of the Act, 1881 has led to multiple proceedings before this Court as well as the Supreme Court. Shall the petitioner be permitted to agitate the very same prayer for quashing of the proceedings in Complaint Case No.2361/SS/2011 despite the dismissal of the earlier petitions, is the moot question, that wrenches to the fore in this petition.