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2012 Supreme(Bom) 1516

ABHAY M.THIPSAY
Gururaj Dhirendrarao Kadim Diwan @ G. D. K. Diwan – Appellant
Versus
Rajesh Wadhwa – Respondent


Advocates appeared:
For the Petitioner:Mayur Sonawane, Advocate.
For the Respondents:R1, Smt.Pravina J. Kanani, Advocate, R2, S.S. Pednekar, APP.

Judgment :

By consent, Rule made returnable forthwith. By consent, heard finally.

2. The petitioner is the accused no.3 in C.C.No.4654/SS/2005, pending before the Metropolitan Magistrate, 12th Court, Bandra, Mumbai. The said case is in respect of an offence punishable under Section 138 of the Negotiable Instruments Act (N.I.Act). The respondent no.1 is the complainant therein, on whose complaint, the case has been instituted. The respondent no.1's (hereinafter referred to as the complainant) affidavit in lieu of the examination in chief was tendered in the court. He was thereafter, cross examined on behalf of the petitioner. After the cross examination of the complainant was over, the counsel for the complainant submitted that he wanted to re-examine the complainant for certain purposes and for producing and proving certain documents. The Magistrate therefore adjourned the case for hearing on the application of reexamination, which was opposed to by the petitioner herein. The Magistrate, however, by his order dated 21.3.2012, allowed the application in the following terms :

"Application for permission to re-examine the complainant is allowed as prayed for. The complainant is allowed

























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