JUDGMENT :- Accused Ahuja Nandkishore Dongre has filed this application under Section 482 of the Code of Criminal Procedure, taking exception to the order passed by learned Judicial Magistrate First Class, Digras in Criminal Case No.856/2005, whereby the learned Magistrate rejected applicant's application at Exh.51, challenging jurisdiction of the Court of the learned Magistrate to take cognizance of complaint filed by Non-applicant No.2 Dashrath Rathod-original complainant.

2. The facts relevant for determination of questions raised in this application, as unfolded from the arguments advanced on behalf of both the learned counsel for accused and the complainant, are as under:

3. Complainant Dashrath Rupsingh Rathod is resident of village Soyjana, Tah. Manora, District : Wasim. He was serving as driver in Maharashtra State Road Transport Corporation at Bhandara. The accused is resident of Bhandara. Since the complainant was serving at Bhandara and was on friendly relations with the accused, on a request by the accused for a hand loan, the complainant gave a sum of Rs.35,000/- as hand loan to the accused. The accused issued three cheques of Rs.15,000/-, Rs.10,000/- and Rs.10,000/pa

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