SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2009 Supreme(Bom) 1122

D.D.SINHA
Fulchand Shankarji Shende – Appellant
Versus
Sandip Sukhdeo Thaokar – Respondent


Advocates appeared:
For the Applicant:Shashikant Borkar, Advocate. For the Respondent: Served.

JUDGMENT :

ORAL JUDGMENT:

Heard Mr. Shashikant Borkar, learned Advocate for the applicant. None appears for the respondent though served.

2) Mr. Shashikant Borkar, learned Advocate for the applicant, submits that the inherent powers of this Court under Section 482 of the Criminal Procedure Code are invoked for quashing the impugned order dated 7.3.2007 passed by the J.M.F.C., Bhandara in Criminal Case No. 262/06. It is contended that the respondent/complainant filed a complaint before the Judicial Magistrate First Class under the provisions of Section 138 of the Negotiable Instruments Act. It is contended that the evidence of the complainant was recorded and he has also closed his evidence by filing Pursis dated 7.3.2007 before the Judicial Magistrate. It is contended that the evidence of the complainant was recorded by the predecessor of the Judicial Magistrate who has passed the impugned order dated 7.3.2007. It is contended that by the impugned order the Judicial Magistrate without giving any reasons ordered recording of fresh evidence of the complainant. It is contended that in absence of any reasons given by the Magistrate for ordering recording of fresh evidence of the compla







Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top