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2008 Supreme(Bom) 1192

V.R.KINGAONKAR
Dadasaheb Rawal Co-op. Bank of Dondaicha Ltd. , Dist. – Appellant
Versus
Ramesh s/o Jawrilal Jain – Respondent


Advocates appeared:
Mr. A.H. Kapadia, advocate for the petitioner.
Mr. D.A. Mane, advocate for Mr. Milind Patil, advocate for respondent Nos. 1 and 2.
Mr. N.H. Borade, A.P.P. for respondent No. 3.

JUDGEMENT

1. Challenge in this revision petition is to judgement dated 19th June, 2006 rendered by learned Ist Adhoc Additional Sessions Judge, Dhule, in Criminal Revision Application No. 61/2006 whereby and whereunder process issued against respondent Nos. 1 and 2 for offence punishable under section 138 of the Negotiable Instruments Act vide order dated 20th August, 2005 by learned Judicial Magistrate (F.C.), Dondaicha, came to be quashed.

2. The petitioner is a Cooperative Bank. An amount of Rs. 15 lacs was borrowed for and on behalf of M/s New Sheetal Traders. The petitioner - Bank filed a private complaint case (S.T.C. No. 311/2005) in the Court of Judicial Magistrate (F.C.) at Dondaicha against M/s New Sheetal Traders, Sheetal Ramesh Jain and the respondent Nos. 1 and 2. There is no dispute about the fact that original accused No. 2 Sheetal is the son of respondent Nos. 1 and 2. The petitioner asserted that M/s New Sheetal Traders is a firm of Undivided Hindu Family (UHF) of the respondent Nos. 1 and 2 and their son. All the three (3) members of the Undivided Hindu Family are the members of the Cooperative Bank. They gave postdated cheques of Rs. 15 lacs each on 22nd February,




















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