The petitioner, Ortho Relief Hospital, filed a criminal writ petition challenging the order of the 10th Joint Civil Judge, Senior Division and Additional Chief Judicial Magistrate, Nagpur, which discharged the respondents (Anand Distilleries and its directors) from an offence punishable under Section 138 of the Negotiable Instruments Act, 1881.
The petitioner, Ortho Relief Hospital, extended a short-term loan of Rs. 15,00,000/- to the respondents in October 2015.
Respondents 2 and 3 issued a post-dated cheque for Rs. 15,00,000/- drawn on Cosmos Bank, Amravati, as security for the loan.
The cheque was signed by respondent no. 2 in the capacity of Director and Authorized Signatory of respondent no. 1 Company.
The respondents paid interest on the loan at 18% p.a. periodically until January 2018, after which they stopped making payments.
The petitioner presented the cheque on 14.12.2018, but it was dishonored with the remark 'insufficient funds'.
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Ortho Relief Hospital…
Anand Distilleries…
The petitioner, Ortho Relief Hospital, filed a criminal writ petition challenging the order of the 10th Joint Civil Judge, Senior Division and Additional Chief Judicial Magistrate, Nagpur, which discharged the respondents (Anand Distilleries and its directors) from an offence punishable under Section 138 of the Negotiable Instruments Act, 1881.
The petitioner, Ortho Relief Hospital, extended a short-term loan of Rs. 15,00,000/- to the respondents in October 2015.
Respondents 2 and 3 issued a post-dated cheque for Rs. 15,00,000/- drawn on Cosmos Bank, Amravati, as security for the loan.
The cheque was signed by respondent no. 2 in the capacity of Director and Authorized Signatory of respondent no. 1 Company.
The respondents paid interest on the loan at 18% p.a. periodically until January 2018, after which they stopped making payments.
The petitioner presented the cheque on 14.12.2018, but it was dishonored with the remark 'insufficient funds'.
…Ortho Relief Hospital…
Anand Distilleries…