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2023 Supreme(Bom) 14

KISHORE C. SANT
Ramesh Dadarao Bagdure – Appellant
Versus
State of Maharashtra, Copy to be served upon Public Prosecutor, High Court of Judicature of Bombay, Bench at Aurangabad – Respondent


Advocates Appeared:
For the Petitioners: Mr. V. D. Hon i/by Mr. S. S. Manale.
For the Respondents: Smt. D.S. Jape, Mr. P.P. More.

JUDGMENT :

[Kishore C. Sant, J.]

1. This Writ Petition is filed with a prayer to quash and set aside an order passed by the learned Additional Sessions Judge, Nilanga dated 17.08.2022 in Criminal Revision No. 2/2022. By way of this impugned order, the learned Sessions Judge has rejected the criminal revision application and confirmed the order passed by the learned Judicial Magistrate First Class, Nilanga dated 22.12.2020. The learned JMFC had passed the order directing issuance of summons against present petitioners for the offences punishable under Sections 420, 406 read with 34 of the Indian Penal Code.

2. The facts are like this that the present petitioners formed a partnership firm with respondent no.2 and two other partners. The partnership deed was executed on 29.10.2002 under the name of M/s. Bhagwant Warehouse. The partnership was to carry business of a Warehousing. The firm started business from 29.10.2002. Partner no. 1 – Pandurang Attal and partner no.2 i.e. respondent no.2 were to look after the partnership business of the firm. The Warehouse was to be constructed on the land belonging to Pandurang Attal, i.e. Gat No. 240 situated at Omerga (Hadga) Tq. Nilanga, Dist. Latu

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