GUJARAT STEEL TUBES LTD. Vs. LLOYD STEEL INDUSTRIES LTD.

JUDGEMENT

(1.) The petitioners, by filing this group of petitions under Articles 226 and 227 of the Constitution of India, read with Section 482 of the Code of Criminal Procedure, 1973 ('Code' for short), have prayed to issue a writ of certiorari or any other appropriate writ, order or direction quashing and setting aside the complaints filed by respondent No. 1, Lloyd Steel Industries Limited, before the learned Metropolitan Magistrate, Court No. 9, at Ahmedabad, which are registered as Criminal Case Nos. 2490/97, 2931/97, 2932/97, 2962/97, 2963/97, 2994/97 to 2996/97, 3478/97 to 3480/97, 3660/97, 3533/97, 3533/97 to 3566/97, and the process issued against the petitioners for the offences punishable under Section 138 of the Negotiable Instruments Act, 1881 ('Act' for short).

(2.) As common questions of law and facts are involved in this group of Special Criminal Applications, they are disposed of by this common judgment.

(3.) Petitioner No. 1 is a Limited Company incorporated under the Companies Act, 1956. Petitioner No. 2 in Special Criminal Application No. 978 of 1997 is the Managing Director of petitioner No. 1 -Company. Petitioner No. 1 -Company has been carrying on business for manufacturing steel tubes from HR/CR coils purchased from various Companies manufacturing such Coils including respondent No. 1. As averred in Special Criminal Application No. 978 of 1997, petitioner No. 1 -Company, inter alia, purchased on credit such steel coils from respondent No. 1 as per the following details: <FRM>JUDGEMENT_33_LAWS(GJH)5_1998.htm</FRM>