P C SEN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD both sides. Rule. By consent, rule made returnable forthwith. Since common questions of law are being argued in all these petitions, the same are being disposed of by this common judgment and order.

(2.) THESE petitions seek to quash different criminal cases filed by the Mumbai District Central Co-operative Bank Ltd., against the petitioners and others. It is common ground that petitioners before this Court are all persons who have been nominated as the directors of Madhya Pradesh State Industrial Development Corporation Ltd., either by virtue of their holding an office of employment with the State Government or a financial corporation owned and controlled by the Central Government. it is further common ground that all these nominations have been made prior to 6.2.2003 when the 2nd proviso to Section 141 of Negotiable Instruments Act 1881 was brought in to force.

(3.) '' In the complaint, process was issued under Section 138 read with 141 of Negotiable Instruments Act. All the petitioners first filed a group of petitions in this Court but were directed to first approach the Sessions Court in revision. They thereafter filed revisions before the Sessions Court which were all dismissed and that is how this group of petitions were once again filed in this Court.