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2008 Supreme(Bom) 1364

A.H.JOSHI
Mohammad Iqbal Usman Khatri – Appellant
Versus
Suresh son of Totaram Nathani – Respondent


ADVOCATES APPEARED:
Mr. P.S. Sadavarte, Advocate for the applicant.
Mr. G.L. Bajaj, Adv., for respondent sole.

JUDGMENT:

1. At first hearing, this Court had called Record & Proceedings and had orally put the parties to oral notice that the petition would be taken up for final disposal.

2. The case was adjourned twice to see if settlement is likely, but no settlement took place and hence petition is heard.

3. Rule. Rule is made returnable forthwith and is heard by consent.

4. In the complaint under Section 138 of the Negotiable Instruments Act, the Magistrate ordered issue of process after recording complainant's statement on oath, on perusal of documents, and upon recording satisfaction for doing so.

5. Order of issue of process was challenged before Sessions Court. Various grounds were raised. Sessions Court has heard and decided Revision Application and rejected it.

6. In this Court, order of issue of process and one passed dismissing Revision are challenged.

7. Learned Adv., Mr. Sadavarte states that by taking leave of the Court, he has deposited a sum of Rs.30,000-00 towards the amount of cheque. According to him, soon after the accused suo moto appeared, he had submitted an application before Trial Court seeking permission to deposit the amount, however, said application was rejected by the





































































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