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1963 Supreme(Bom) 51

S.M.SHAH
Hiralal Gulabchand Shah – Appellant
Versus
Keshavlal Parekh – Respondent


JUDGMENT - 1. This application is filed by the complainant against the order of the learned Presidency Magistrate, 24th Court, Borivli, dismissing his complaint against the opponents under section 203 of the Criminal Procedure Code.

2. The complainant has filed a complaint against the opponents charging them with offences under sections 384, 385, 387, 220, 467 and 166 read with section 114 of the Indian Penal Code. In this complaint it was alleged that Opponents Nos. 1 and 2 (who will hereafter be referred to as accused Nos. 1 and 2) were brothers doing kariana business at Carter Road, Borivli, in the name and style of Shashikant Suryakant Parekh and that the complainant himself did simitar business and had business dealings with the shop of accused Nos. 1 and 2 through their Mehta by name Nemichand. The complainant alleged that Nemichand used to bring the goods bought by him from the shop of accused Nos. 1 and 2 with the bills prepared by those two accused and take his signature on the counterfoils in token of having received the goods. He further alleged that in all 7 bills of different dates were sent to him by accused Nos. 1 and 2 and that they were all paid oft" through Nemicha












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