2003 (2) TMI 402

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....them for attending the Court in respect of the cases initiated against them in context with the provisions of section 138 of the Negotiable Instruments Act, 1881 ('the Act'). These two petitions are dealing with two criminal prosecutions initiated against the petitioners in respect of two cheques one is for the sum of Rs. 25 lacs and the other is the cheque for the sum of Rs. 3,30,000. Both the cheques were drawn on the same day i.e., 5-1-1996 and both the cheques were submitted by original complainant - the respondent No. 1 in Punjab National Bank on 5-7-1996. Punjab National Bank presented those cheques to Samata Sahakari Bank Ltd., Santacruz (West), Mumbai on 8-7-1996 and those cheques were dishonoured. Two complaints were filed in the c....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....o 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, dismissed the complaints without taking the cognizance of them. 5. Mrs. Boccaro, appearing for respondent No. 1, submitted that in normal course of commercial transaction, respondent No. 1 acted and presented those cheques in Punjab National Bank with the hope that they would be presented on the same day to Samata Sahakari Bank. She submitted that as those cheques were for a huge amount, Punjab National Bank might have taken time for its due process and for that the respondent No. 1 should not be left to suffer. 6. When a drawee ....