LAWS(BOM)-1999-6-56

VIJAY MEHRA Vs. PRATAPRAJ SHAMJIBHAI PAREKH

Decided On June 24, 1999
VIJAY MEHRA Appellant
V/S
PRATAPRAJ SHAMJIBHAI PAREKH Respondents

JUDGEMENT

(1.) HEARD Mr. Khandeparkar for the petitioner. Mr. Mirza, APP for the State present.

(2.) THE petitioner was an accused in a complaint case filed by respondent No. 1 under section 138 of the Negotiable Instruments Act and the petitioner has to challenge the order of issuance of process against him by the Metropolitan Magistrate, 40th Court, Girgaum, Bombay.

(3.) I find considerable force in this argument. Nobody is present on behalf of respondent No. 1 to refute the allegations made by Mr. Khandeparkar and objection raised by him. On the face of it, the notice dated 12. 6. 1995 was given after 15 days and there is a strong ground for quashing the process coupled with the fact that the petitioner has deposited the amount of Rs. 38830/- in this Court. For all these reasons the petition is required to be allowed. Hence, the petition is allowed. The process issued by the Metropolitan Magistrate, 40th Court, Girgaum, Bombay against the petitioner under section 138 of the Negotiable Instruments Act is quashed. The respondent No. 1 shall be at liberty to withdraw the amount of Rs. 38830/- together with interest accumulated thereon. The Registrar to act on ordinary copy of this order duly authenticated by the Associate. Petition allowed.