BHARAT S DAHANUKAR Vs. HINDUSTAN CONSTRUCTION CO LTD

JUDGEMENT

(1.) HEARD Mr. Jha the learned counsel for the petitioners who are impleaded as accused nos.3 and 5 in Criminal Application No.92/S/1997 (later on registered as 3888/SS/2005).

(2.) IT appears that the accused no.1-Company i.e. Goodvalue Marketing Co. Ltd. had issued two cheques drawn in favour of the complainant-Company i.e. M/s.Hindustan Construction Co. Ltd. The first cheque towards the principal amount of Rs.1 crore was dated 17/9/1996 bearing No.225183 and the other cheque bearing No.225189 dated 16/9/1996 was in respect of the interest amount of Rs.4,93,644.00. Both the cheques were dishonoured when presented by the drawer and, therefore, after giving the statutory notice and waiting for 15 days, the complainant filed the complaint under Section 138 of the Negotiable Instruments Act, 1881 on or about 31/1/1997. The learned Metropolitan Magistrate, 33rd Court, Ballard Pier, Mumbai issued the process on 6/2/1997.

(3.) CONSEQUENTLY , the petitioners approached the Sessions Court at Gr. Bombay by filing Criminal Revision Application (Stamp) No. 905 of 2007 along with an application for condonation of delay which came to be registered as Misc. Application No. 310 of 2007 and the said Misc. Application has been dismissed by the impugned order dated 14/3/2007 by the learned Additional Sessions Judge, Gr. Bombay.