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2015 Supreme(Bom) 1036

A.B.CHAUDHARI
Sukhdeo Ganeshram Tardeja – Appellant
Versus
Rajesh Dayaram Sadhwani – Respondent


Advocates:
Advocate Appeared:
Mr. S. S. Alaspurkar, Advocate for petitioner.
Mr. N. M. Shukla, Advocate for respondent no.1.
Mrs. K. R. Deshpande, A.P.P. for respondent no.2State.

JUDGMENT :

1. Rule. Rule returnable forthwith. Heard finally by consent of the parties.

2. By the present petition, the petitioner has put to challenge the revisional order dated 13.02.2014 passed by Sessions Judge, Amravati by which he confirmed the order dated 20.12.2011 passed by Judicial Magistrate First Class, Court No.1, Amravati ordering de novo trial for an offence punishable under Section 138 of the Negotiable Instruments Act. In support of the petition, learned counsel for the petitioner invited my attention to the evidence, that was recorded before the trial Judge so also the judgment that, in fact, the trial that was held was a summons trial and not a summary trial. He submitted that complaint under Section 138 of the Negotiable Instruments Act was filed in the Court on 24.06.2009. Thereafter, the evidence commenced in July 2010 and the cross-examination was conducted by counsel for the respondent on 13.08.2010 and 15.10.2010. Another witness was examined as CW2 Satyanarayan Mohanlal Chhangani on 29.11.2010, who was cross-examined and on the same day, the complainant closed his case. Thereafter, statement of accused was recorded and the case was posted further. Learned co

























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