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2018 Supreme(Bom) 2247

K.L.WADANE
Raj Buildhome Pvt. Ltd. – Appellant
Versus
Khozim Yusuf Nagarwala – Respondent


Advocates Appeared:
Mr. S.S. Chapalgaonkar, Advocate, for the Petitioners; Mr. N.B. Narwade, Advocate, for the Respondent

JUDGMENT

K.L. Wadane, J. - Rule. Rule returnable forthwith. With the consent of the learned counsel for the parties, Petition is taken up for final hearing. Heard learned counsel for the respective parties.

2. The order, passed by the learned Judicial Magistrate, First Class, Ahmednagar, below Exh.1 in Summary Criminal Case No. 414 of 2017, dated 21.1.2017 is challenged in this Writ Petition. By the said order, the process is issued against petitioners for the offence punishable under section 138 of the Negotiable Instruments Act.

3. Brief facts of the case may be stated as follows :

    On 17.1.2017, respondent/original complainant had filed Summary Criminal Case No. 414 of 2017 in the Court of learned Judicial Magistrate, First Class, Ahmednagar for the offence punishable under section 138 of the Negotiable Instruments Act. The complainant alleged that he is an automobile engineer having experience of more than 22 years and was doing job as a Managerfleet at Abudhabi (UAE). Accused no.1 is a Registered Company. Accused no.4 is residing at Pune and having friendly relations with the complainant. Respondent no.4 was having knowledge about complainant''s job at Abudhabi and his salary fo

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