LAWS(BOM)-2006-8-228

PUSHPADEVI ROSHANLAL JAIN Vs. STATE OF MAHARASHTRA

Decided On August 25, 2006
PUSHPADEVI ROSHANLAL JAIN Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) IN all these matters the second respondent-original complainant has filed complaints alleging commission of offence under sections 138 and 141 of the Negotiable Instruments Act, 1881. In each of these matters process came to be issued summoning the petitioners and their applications for recalling the same, have been rejected. That is how the matter was brought before this Court.

(2.) AFTER these matters were adjourned from time to time Shri Khandeparkar appearing for petitioners-accused in each of these matters hands over Demand Draft of Rs.1.00 lakh each which would total to Rs.3.00 lakh. According to him, this is the cheque amount and the Drafts are handed over in the Court to Shri Mujumdar today. Shri Mujumdar states that this does not mean that the claim of the respondents- original complainants has been settled in full. He submits that acceptance of Drafts is without prejudice to the rights and contentions of respondents-original complainants.

(3.) IN the light of the cheque amount being forwarded, the complaints before the Judicial Magistrate's Court do not survive and proceedings are accordingly quashed. Applications disposed off.