2003 (2) TMI 402

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..... UDGMENT 1. Both these petitions are being decided by a common judgment and order because the point around which they are revolving is the same and the facts are similar. 2. The petitioners are hereby assailing the correctness, propriety and legality of the order by which the learned Magistrate issued the process against them for attending the Court in respect of the cases initiated agains .....

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..... ioners. 3. Shri Manoj Mohite, counsel appearing for the petitioners, placed reliance on the judgment of the Supreme Court in the matter of Shri Ishar Alloy Steels Ltd. v. Jayaswals Neco Ltd., [2001] 3 SCC 609 wherein the Supreme Court observed that in section 138 two words have been used, one "a bank" and second "the bank". The Supreme Court pointed out the difference between these two wor .....

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..... t. 4. Shri Mohite by pointing out these observations of the Supreme Court in Shri Ishar Alloy Steels Ltd. s case ( supra ) submitted that in the present case the drawee submitted those two cheques in Punjab National Bank which presented those cheques in Samata Sahakari Bank, Santacruz (West) on 8-7-1996 and they were dishonoured. Therefore, the learned Magistrate should have by noticing this .....

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..... to consideration the time which would be required by the bank, where such cheques have been deposited for encashment, for processing and presenting in the drawer s bank for encashment because he is supposed to be well aware of all these eventualities. Therefore, if at all a prudent commercial person thinks that he should get the amount indicated by such cheque or negotiable instrument, he has to t .....

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..... e notice of the Magistrate who issued the notice and, therefore, he landed in error of issuing the process and deciding to conduct the trial against the petitioners. The said orders happened to be illegal and, therefore, they need to be quashed by exercising the jurisdiction and authority of this Court in view of section 482 of the Criminal Procedure Code, 1973 and Articles 226 and 227 of the Cons .....

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