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2016 Supreme(Bom) 702

ANUJA PRABHUDESAI
Rajul Ketan Raj – Appellant
Versus
Reliance Capital Ltd. – Respondent


Advocates Appeared:
For the Appellant : Manohar H. Ramsinghani and D.M. Galani
For the Respondent: Krupali Rajani

JUDGMENT :

Anuja Prabhudesai, J.

1. Rule. Rule made returnable forthwith with the consent of the parties.

2. The applicant, who is an accused No. 1 in C.C. No. 2995/SS/2013, C.C. No. 1348/SS/2012 and C.C. No. 1350/SS/2012, has invoked the powers of this court under Section 482 of Cr.P.C. for quashing the impugned orders dated 24.4.2015 whereby the learned Sessions Judge, Gr. Mumbai, dismissed the revision applications Nos. 502 of 2014, 299 of 2014 and 101 of 2014 for quashing the process against the applicant for offence under Section 138 of the Negotiable Instruments Act.

3. The brief facts necessary to decide these applications are as under:

The respondent No. 1-complainant had filed complaints against the applicant, one Mr. Ketan Raj and Jeevandeep Hospital & Critical Care Centre (hereinafter referred to as Jeevandeep Hospital) for offence under Section 138 of the Negotiable Instruments Act. It is alleged that the applicant and the other two accused were in need of finance and had therefore approached the complainant company with a request to grant medical equipment loan facility. After considering the said request and upon execution of various documents, the complainant company disb




























































































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