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2019 Supreme(Bom) 1572

V.M.DESHPANDE
Ashok – Appellant
Versus
Sunita Sanjay Pawade – Respondent


Advocates Appeared:
G.C. Khond, Adv., Mir Nagman Ali, Adv.

JUDGMENT :

V.M. Deshpande, J.

Rule. Rule is made returnable forthwith. Heard finally by consent of the learned counsel for the parties.

2. Heard Mr. G.C. Khond, the learned counsel for the petitioner and Mr. Mir Nagman Ali, the learned counsel for the respondent.

3. The challenge that is set up in the present writ petition is to the order passed by the learned Judicial Magistrate, First Class, (Court No.3), Wani, below Exh.24 on 05.7.2019 in Summary Criminal Case No. 1818/2018. By the impugned order, the learned Magistrate has allowed the application (Exh.24) filed on behalf of the respondent and directed the petitioner to deposit 20% amount of the cheques as compensation in the Court.

    3. Following few facts giving rise to this writ petition will be necessary to decide the controversy :

The respondent herein is the complainant who filed a complaint before the Court below alleging therein that the petitioner has committed an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "the N.I. Act" for short). According to the complaint, the respondent/ complainant is a Commission Agent and through her, during the period from 16.4.2018 to 31.5.

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