R.KANAN Vs. C.R. SHARE BROKING LTD

JUDGEMENT

(1.) ALL the aforesaid three petitions are filed challenging the order of issuing process under section 138 of the Negotiable Instruments Act, 1881, by the Metropolitan Magistrate, 23rd Court, Esplanade, Bombay. After hearing Shri Pradhan for the petitioners and Shri Marwadi for Respondent No.1, I find that all the contentions raised in these petitions can be placed before the learned Magistrate as held in K.M.Mathew vs. State of Kerala 1992 Cri.L.J.3779.

(2.) IT was further submitted that the petitioners are coming from Madras and they have to attend the Court of Metropolitan Magistrate every now and then. As such, until such application is made by the petitioners and decided by the Magistrate, the petitioners should be granted exemption. I find this prayer quite reasonable. The learned Magistrate shall, if and when necessary, call upon the petitioners' Advocate before the Magistrate to keep to accused-petitioners present in Court.