RAOSAHEB B JAMKAR Vs. SUPRASMAL NETHMAL SURANA

JUDGEMENT

(1.) Heard learned Counsel for the petitioners. None appears for the respondents though they are served. The petitioners have filed this petition challenging the order of issuance of process by the Metropolitan Magistrate, 28th Court, Esplanade, Bombay, on a complaint filed by the respondent No. 1 under section 138 of the Negotiable Instruments act, 1881.

(2.) Respondent No. 1 in the said complaint has alleged that a cheque for an amount of Rs. 1,10,000/- was issued in favour of the complainant and it was drawn by the Parbhani Peoples Co-operative Bank ltd. and it was signed by accused No. 2, the alleged applicant which was dishonoured and thereafter, after giving statutory notice, the said complaint was filed. After the process was issued, the present petition was filed.

(3.) It is contended by the learned Counsel for the petitioners that the said amount of Rs. 1,10,000/- was immediately repaid by Demand Draft dated 7th May, 1991 and a covering letter dated 9th May, 1991 was also given alongwith the said cheque. The complainant has confirmed that he has received the said Demand Draft. In this letter, the accused No. 1 had specifically mentioned in para 3 that after the entire amount is received, the complaint would withdraw the case which is pending in the Metropolitan Magistrate Courts.