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2012 Supreme(Bom) 838

M.L.TAHALIYANI
Ashok Bhimrao Deshkar – Appellant
Versus
Nalinitai Guylabrao Isal – Respondent


Advocates Appeared:
For the Applicant:Yogesh Sonone, Advocate.
For the Respondents:R1, A.M. Sudame, Advocate, R2, A.M. Joshi, APP.

Judgment

Criminal Application No.422/2011 was not on today's Board. The same was called from the Office and is being disposed of by this common judgment.

2. Admitted. Heard finally by consent of the counsel for the parties.

3. The applicant is the accused before the learned Judicial Magistrate, First Class Court, No.5 Amravati in Summary Criminal Case Nos. 6083/2006; 6644/2006; 6645/2006 and 6646 /2006. All the complaints were filed by the respondent no.1 Nalinitai Gulabrao Isal alleging, inter alia, that the applicant has committed offence punishable u/s.138 of the Negotiable Instruments Act (henceforth "the said Act" in short).

4. It appears that after filing of the complaints before the Magistrate for the alleged offence punishable u/s 138 of the said Act, the respondent no.1 Nalinitai had filed police complaint at Rajapeth Police Station, Amravati against the applicant for the offences punishable u/ss. 406, 420 r/ws. 34 of the IPC. The wife of the applicant is also made accused in the said report, during the course of investigation. In the FIR registered at the instance of respondent no.1, the applicant moved the learned trial Court u/s 210(1) of Cr.P.C. for calling records of











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