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2009 Supreme(Bom) 59

ANOOP V.MOHTA
Subhash Narasappa Mangrule, Partnership Firm – Appellant
Versus
Sidramappa Jagdevappa Unnad – Respondent


Advocates Appeared:For the Petitioners:A.K. Suryawanshi, Advocate. For the Respondent:Ashok B. Tajane, Advocate.

Judgment :

Heard finally by consent.

2. The Petitioners have challenged two interlocutory orders below Exhibit Nos. 15 and 24 in Regular Darkhast No.17 of 2006 pending before the Civil Judge, Junior Division, Akkalkot, District Solapur.

3. Thefacts of the case are as under:-

“On 22/06/2001, the Respondent filed a Criminal Complaint being S.C.C.No. 923 of 2001 in the Court of Judicial Magistrate, First Class, Akkalkot V/s. 138 of Negotiable Instruments Act.

It has been alleged that the Petitioners, engaged in the garment business allegedly borrowed money to the tune of Rs.5,00,000/- from the Respondent/ Complainant.

4. On 15/05/2001, Petitioner No.2 being a partner issued a cheque No.923237 dated 28/04/2001 of Rs.5,00,000/- in favour of Respondent.

5. On presentation of the said cheque, it was dishonoured for want of sufficient funds and returned to the Respondent on 10/05/2001.

6. On25/06/2001, the Maharashtra State Legal Services Authority issued a letter to the member Secretary, District Legal Services Authority District Court Building, Solapur stating that such award is a decree as contemplated under Section 21 of the Legal Services Authorities Act, 1987 (for short, "the Act")















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