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2021 Supreme(Bom) 380

SANDEEP K.SHINDE
Blackburn Metals A partnership firm, through its partner, Abhijeet Ambrish Kapadia – Appellant
Versus
Zep Engineering Works – Respondent


Advocates:
Advocate Appeared:
For the Applicant :Mr. Karl Rustomkhan, Advocate
For the Respondent:Mr. Sachin Gite, Advocate, Ms. Ketki Gadkari, Advocate Mr. S.S. Hulke, APP

JUDGMENT :

1. Rule.

2. Rule made returnable forthwith. Heard, finally with the consent of the parties.

3. This application under Section 482 of the Code of Criminal Procedure, 1973 (Code for short) challenges the order dated 23rd October, 2019 in Criminal Revision Application No.79/2019 passed by the Court of Sessions Judge, Thane.

4. Facts essential for decision of this application, are as follows;

    Applicant is a partnership firm engaged in the business of trading and supplying of metal products from its office at Thane. Respondent No.1 is also a partnership firm engaged in the business of manufacturing of sheet metal pressed components, of which Respondent Nos. 2 to 4 are partners. The Applicant and the Respondent No.1 had business dealings since 2013, over the years. Respondent No.1 through Respondent Nos. 2 to 4, received the goods sold by the Applicants’ firm and acknowledged receipt of the same. As on 17th October, 2018, a sum of Rs. 26,68,206/- was due to the Applicants by the Respondent No.1 towards goods sold and delivered to them. Subsequently in discharge of said dues, Respondent No.1 issued a cheque dated 25th September, 2018, in a sum of Rs. 25,47,982/-in favour of the Appl

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