Rahul S/O Prakash Pant vs Deoka W/O Dnyaneshwar Chopde
2021 Latest Caselaw 10954 Bom

                                                 1                               wp 126-2021.odt


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

                          Criminal Writ Petition No. 124/2021
                    (Rahul s/o Praksh Pant Vs. Wamanrao S/o Raibhan Bage )
                                             WITH
                          Criminal Writ Petition No. 126/2021
                  (Rahul s/o Praksh Pant Vs. Deoka W/o Dnyaneshwar Chopde)
                                              WITH
                          Criminal Writ Petition No. 128/2021
                  (Rahul s/o Praksh Pant Vs. Dnyaneshwar S/o Sadugi Chopde)

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Office Notes, Office Memoranda of Coram,                              Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
-------------------------------------------------------------------------------------------

                               Mr. D.I. Jain, Mr. I.F. Jain & Mr. M.H. Bade, Advocates for the
                               petitioners




                                                         CORAM : MANISH PITALE, J.

DATED : AUGUST 12, 2021

Heard learned counsel for the petitioners in these Petitions. Although the office note shows that the service on the respondent (original complainant) in these Petitions is awaited, the learned counsel for the petitioners has placed on record postal receipts and tracking reports confirming that the packet containing notice was delivered on the respondent.

2. In these Petitions, this Court has already granted stay to further proceedings in view of the specific contention raised on behalf of the petitioners that the Complaint filed by the respondent under

2 wp 126-2021.odt

Section 138 of the Negotiable Instruments Act, 1881, is not maintainable in view of the fact that the Co- operative Bank is not made party. This issue appears to be covered in favour of the petitioners by judgments of the Hon'ble Supreme Court and this Court.

3. In view of the above, in order to give one last chance to the respondent (original complainant) to appear before this Court, list these Petitions for final disposal on 3rd September 2021.

JUDGE

MP Deshpande