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1984 Supreme(Bom) 76

H.H.KANTHARIA
Deepak Thanwardas Balwani – Appellant
Versus
State of Maharashtra & another – Respondent


JUDGMENT - H.H. KANTHARIA, J.:---The present petitioner, Deepak Thanwardas Balwani was prosecuted by respondent No. 2 Navabai Chhangomal Vasandani, in the Court of learned Metropolitan Magistrate, 7th Court, Dadar, Bombay. The allegations made against him were with regard to offences punishable under sections 341, 397 and 506 (Part II) r/w section 34 of the Indian Penal Code. The learned Magistrate issued process and the complaint was registered as Case No. 91/S of 1982. The petitioner challenged the said order of issue of process against him by filing Criminal Writ Petition No. 367 of 1983 in this Court and prayed for quashing the said proceedings. The said writ petition was on weekly board beginning from 30th January, 1984. It came up for hearing on 2nd February, 1984. On that day it was mentioned by Mr. N.D. Jaywant, learned junior of Mr. M.K. Joshi, and applied for date. If appears that initially 6th February, 1984 was suggested as the next date but that date was not convenient to the learned Counsel appearing on behalf of respondent No. 2 Therefore, another date viz, 8th February, 1984 was suggested. But since that date was also not convenient, it being in the middle of the







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