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2019 Supreme(Bom) 885

S.S.SHINDE
Amit Digvijay Singh – Appellant
Versus
Gokuldas Jagannath Bhutada – Respondent


Advocates Appeared:
S.V. Marwadi, Adv., N.M. Nadar, Adv., S.R. Agarkar, Adv., Mayhank Bagla, Adv., Jainish Jain, Adv.

JUDGMENT :

S.S. Shinde, J.

This application takes an exception to the order passed by the 6th Judicial Magistrate First Class, Nashik (for short "said Court") on 09th May 2019 thereby issuing process against applicant for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short "the said Act").

2. The present applicant is an accused in the Summary Case No. 2373/2018 and first Respondent is original complainant before the said Court. It was stated in the complaint that, complainant is an agriculturist and resident of Kasabe Vani, Taluka Dindori, District Nashik. The accused and the complainant were known to each other and has had good acquaintances and were friends since long. It is alleged that, the Accused met with the complainant and represented that he was in need of money for his business. Accordingly, the accused requested the complainant to give him the hand loan of Rs. 30,00,000/- (in words Rs. Thirty Lakhs only) for the purpose of his various businesses. The accused assured the complainant that the said amount will be refunded when money w

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