S M Manepalli S/O Late M. Seshavataram And ANR v. Sbiglobal Factors Limited And ANR

by RUPALI RAJESH WAKODIKAR Date:

2022.03.07 15:09:55 +0530 RUPALI RAJESH WAKODIKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 966 OF 2021 ALONGWITH CRIMINAL APPLICATION NO. 967 OF 2021 S.M.Manepalli S/o. Late M. Seshavataram and Anr.

...Applicants

Versus

SBI Global Factors Limited and Anr.

...Respondents

Mr. Ashish Verma for the Applicants.

Mr. Yashpal Thakur for the Respondent No.1.

Mr. A.R.Patil, A.P.P for the Respondent-State. CORAM : REVATI MOHITE DERE, J.

DATE : 2 nd MARCH, 2022 P.C. :

1.

Heard learned Counsel for the applicants.

2.

By the aforesaid two applications, the applicants have impugned the order dated 9th September, 2015 passed by the learned Metropolitan Magistrate, 16th Court, Ballard Pier, Mumbai, below Exhibit-1 in each of the two cases i.e. in C.C.Nos. 818/SS/2015 and 819/SS/2015, by which the learned Judge was pleased to issue process as against the 1/3

applicants for the offence punishable under Section 138 r/w Section 141 of the Negotiable Instruments Act.

3.

At the outset, learned Counsel for the respondent No.1 states that the process was issued in 2015 as against the applicant in both the cases. He submits that pursuant thereto, evidence was led and the matters are posted on 7th March, 2022 for arguments. He submits that in this view of the matters, no interference is warranted in the impugned orders issuing process or for quashing of the criminal cases. 4.

Considering that the trial has come to a fag end which is not disputed by the learned Counsel for the applicants and the cases are posted for arguments on 7th March, 2022, no interference is warranted in the impugned orders issuing process.

5.

Both the applications are accordingly dismissed, only on the ground that the trial is at the fag end.

6.

It is made clear that these applications have not been heard on merits and as such, all contentions of all parties are kept open. 2/3

7.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

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