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2020 Supreme(Bom) 129

VIBHA KANKANWADI
Vivek – Appellant
Versus
Vishwam Power And Buildcon Pvt Ltd – Respondent


Advocates:
Advocate Appeared:
M.M. Patil-Beedkar, Advocate, S.J. Salunke, Advocate, P.V. Diggikar, Advocate

JUDGMENT :

VIBHA KANKANWADI, J.

1. Rule. Rule made returnable forthwith and the matter is heard finally at the stage of admission.

2. Present petition has been filed by original accused, challenging the order of issuance of process against him for the offence punishable under Section 406 and 420 of Indian Penal Code, by learned Judicial Magistrate First Class, Latur in R.C.C.No.459 of 2015 on 28-07-2017; which was confirmed in Criminal Revision Application No.19 of 2018 by learned Additional Sessions Judge- 1, Latur on 03-01-2019.

3. Heard learned Advocate Shri. M. M. Patil for petitioner, learned Advocate for respondent No. 1 and learned APP for respondent No. 2.

4. It has been vehemently submitted on behalf of petitioner that both the Courts below have not considered the contents of the complaint and the ingredients of the offences under which process has been issued. Contents of the complaint, verification, etc would show that complainant was harping upon the contract that had taken place between the Company and accused. The correspondence that was exchanged ought to have been considered. It has been alleged that the accused was not providing work as per the terms of contract. Some a

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