1998 Supreme(Bom) 786
T.K.CHANDRASHEKHARA DAS
Mayur Chandulal Contractor, Bombay and others – Appellant
Versus
Hercules DSouza and another – Respondent
JUDGMENT - T.K. CHANDRA SHEKHARA DAS, J.:---This matter arises out of the issue of process by the Additional Chief Metropolitan Magistrate, Borivli, Bombay in Case No. 58/S/91 filed by the first respondent against the petitioners. It is alleged in the complaint that the petitioners have committed offences under sections 386, 451, 352, 419, 506(II) read with section 34 of the I.P.C. For the purpose of the case I do not think it is necessary to go into the every details contained in the complaint. Along with the complaint the names of 10 witnesses were shown and about 8 items of documents were also produced. The complaint was filed on 5-2-1990 and it was posted for verification on 6-3-1990. It appears that on 6-3-1990 verification was not done. On 15-5-1990 verification was done. But it was stopped abruptly, and it was adjourned to 5-6-1990 for want of time. In the verification he stated that he made a complaint in Borivli Police Station as per Exh. D a zerox copy of which is produced. On 2-2-1991 i.e. after an year the Magistrate made an endorsement that verification statement was perused and directed the complainant to bring evidence. On 2-4-1991 the Advocate for the complainant ma
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