JUDGMENT - H.W. DHABE, J.:---The petitioner has preferred the instant petition although registered as a writ petition, under section 482 of the Code of Criminal Procedure (for shor the Cr.P.C.) for quashing the process issued against him by the learned Additional Chief Metropolitan Magistrate, 37th Court, Esplanade, Bombay, under section 403 of the Indian Penal Code (for short the I.P.C.) upon the complaint filed by the respondent No. 2 against him under sections 403 and 406 of the I.P.C. on the ground that the said complaint does not disclose any offence punishable under the IPC and, therefore, issuance of the process amounts to an abuse of the process of the Court.

2. Briefly the facts are that one flat No. 5 upon the second floor in the Jai Kismat Co-operative Housing Society (for short the Society) was owned by one Laxmandas S. Ajwani, who was a member of the said society. The said society is registered under the provisions of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as the Act). The said Laxmandas had nominated his wife Kalawanti L. Ajwani as his nominee as per the provisions of section 30 of the Act and the Rule 25 of the Rules framed thereunde

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