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2007 Supreme(Bom) 1427

C.L.PANGARKAR
Vijay Ganesh Gondhlekar – Appellant
Versus
Indranil Jairaj Damale – Respondent


Advocates appeared
Shri.P. M. Kalar, Counsel for the applicant.
Shri. V. S. Dhole, Counsel for the respondent.

ORAL JUDGMENT:

Rule.

2. Heard finally with consent of parties.

3. This is an application under Section 482 of Criminal Procedure Code seeking to quash order dated 12.03.07 passed by the Sessions Judge whereby he confirmed the order of the Magistrate.

4. The facts are as follows: The present application under Section 482 of Criminal Procedure Code is filed by the accused in Criminal Complainant instituted under Section 138 of Negotiable Instruments Act. It is alleged that the accused/applicant had borrowed a sum of Rs.20,000/- from the complainant on 01.03.95 and the accused-applicant issued a cheque in favour of the complainant. The loan was to be repaid within a period of one year but was not, and an extension of one more year was granted. Further extension of yet another one year was sought and it was also granted by the complainant and ultimately time was extended upto the year 1999. The cheque was tendered in the bank thereafter and it was dishonoured. Hence the complaint came to be filed under Section 138 of Negotiable Instruments Act.

5. Accused filed an application for his discharge and dismissal of the complaint on the ground that the debt sought to be recovered is barred by l




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