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2018 Supreme(Bom) 1164

MANISH PITALE
Mittal s/o Sharad Kothari – Appellant
Versus
Shree Kanyaka Nagari Sahakari Bank (Ori. Complainant) Limited, Chandrapur, having its Head Office at Raghuvanshi Complex, Bazar Ward, Chandrapur – Respondent


Advocates Appeared:
For the Petitioner: Mr. R. D. Zode, counsel h/f Mr. P. P. Kothari
For the Respondent: Mr. A.I.Shah, Adv.

JUDGMENT :

Heard.

2. Rule. Rule made returnable forthwith. The petition is heard finally with the consent of the learned counsel for the parties.

3. By this writ petition, the petitioner (original accused) has challenged order dated 11/04/2018 passed by the Court of Judicial Magistrate First Class, Nagpur and Special Court for Section 138 of Negotiable Instruments Act, 1881 proceedings, whereby the Magistrate has rejected the objection raised on behalf of the petitioner pertaining to memo issued by the bank for dishonour of cheque in the present case and directed that the said document be marked as Exhibit-22.

4. The respondent (original complainant) filed complaint before the Magistrate for dishonour of cheque of Rs.12,000/purportedly issued by the petitioner herein. It is claimed that when the said cheque was deposited, it was returned/dishonoured by memo dated 13/08/2015 issued by the bank on the ground of “Insufficient Funds”. The respondent sought to place on record the said memo of dishonour of cheque dated 13/08/2015, allegedly issued by the bank.

5. A perusal of the said document shows that it does not bear official mark of the bank and it also does not bear the signature of any




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