KIRAN D JANGLA Vs. PUJA FERRO ALLOYS LTD

JUDGEMENT

(1.) HEARD. Both these petitions arise from the orders dated 12.6.2002 and 28.3.2005, passed by the Judicial Magistrate, First Class, Margao in Criminal Case No. 251/OA/NI/02/D. By the impugned orders, the prayer for recall of the process and/or for stay of the proceedings before the Judicial Magistrate, First Class, at Margao has been rejected.

(2.) A few facts relevant for the decision are that the respondents herein filed a complaint under Section 138, read with 142 of the Negotiable Instruments Act against the petitioners on the allegation of dishonour of cheque No.030352 drawn on Bank of India, C.P. Tank Branch, Mumbai for Rs.11,46,715/- dated 12.12.2001. Based on the said complaint, a process came to be issued by the Judicial Magistrate, First Class, Margao against the petitioner on 12.6.02. Therefore, the issuance of process was subjected to a revision application before the Sessions Court, which came to be dismissed on 15.1.03. The petition under Section 482 Cr.P.C. before this Court was also dismissed on 14.8.03 while granting liberty to the petitioner to file a suitable application for recall of the process. By the impugned order, such an application which was filed by the petitioners came to be dismissed. Hence, the present revision applications. Simultaneously and as soon as the petitioners had issued a statutory notice under Section 138 of the Act, prior to filing of the complaint, a criminal complaint came to be filed before the Chief Judicial Magistrate, Thane, complaining that the cheque in question, based on