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2012 Supreme(Bom) 535

P.D.KODE
Prema Ramanand Hattangadi – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Mrs. V.V. THORAT, for Appellant.
Mrs. P.H. KANTHARIA, APP for Respondent No.1 State.
Mr. PRAKASH NAIK, for Respondent No.2.

JUDGMENT :-

By the present Appeal, the Appellant-Original Complainant in Case No.10/S of 1984 of the 29th Court of Metropolitan Magistrate, Dadar, Bombay, has challenged the order dated 18.06.1993 passed under Section 256 of the Code of Criminal Procedure, dismissing the said case and acquitting Respondent No.2 (original accused no. 1) and co-accused in the said case. The said case was initiated against Respondent No.2 and two more accused persons, upon a private complaint preferred by the Appellant against them for commission of offence under Sections 500, 501 and 502 of the Indian Penal Code.

2. Having regard to the controversy involved in the present appeal, it is wholly unnecessary to narrate subject matter in said complaint. Upon the said complaint on 9th March, 1984 learned trial Court was pleased to issue process against Respondent No.2 and two more accused for offences under Section 500, 501, 502 of the Indian Penal Code. During the course of said Proceedings, on 13th December, 1985, the trial Court explained particulars of offence alleged against them in complaint to all said accused. All of them pleaded not guilty to the same and claimed to be tried. On 5th August, 1988 th
















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