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2011 Supreme(Bom) 43

V.M.KANADE
Prakash Sevantilal Vora – Appellant
Versus
Slate of Maharashtra – Respondent


Advocates appeared:
Mr. A.H.H. PONDA, for the Applicant. Mr. A. S. SHITOLE. APP for the State.
Mr. AMOL PATANKAR, for Respondent No.2.

JUDGMENT

Heard the learned Counsel appearing on behalf of the applicant the learned APP appearing on behalf of the State and the learned Counsel appearing on behalf of the original complainant.

2. Applicant has filed this application challenging two orders passed by the learned Magistrate; one dated 21/4/2010 by which application filed by the applicant for sending disputed cheques to the handwriting expel1 was rejected and the other dated 15/06/20 I 0 by which application made by the applicant for recalling the witness for cross-examination was rejected.

3. Brief facts are that a complaint was filed by Respondent No.2 for the offence punishable under section 138 of the Negotiable Instruments Act. In the complaint, it is alleged that the complainant is a businessman and a Proprietor of M/s. Mannit Jewels which is a Proprietor Firm dealing in business of diamonds. It is alleged that the accused applicant herein is also a Proprietor of Prakash Corporation which is dealing in diamonds. According to the complainant, he sold cut diamonds under Invoice dated 07/06/2007 worth Rs.3,25,220/- to the accused and. according to him, in discharge of the said liability. the accused issued two cheque





































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