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PRAKASH D. NAIK
Monica Sunit Ujjain – Appellant
Versus
Sanchu M. Menon – Respondent


Advocates Appeared:
Mr. Suresh Shetye, Ms. Khushboo Pathak, Mr. Prem Kumar Pandey, Advocate, for the Appellant; Mr. Vinod D. Gangwal, Advocate, Mr. S. R. Agarkar, for the Respondent.

JUDGMENT

1. The applicant is aggrieved by order dated 26.06.2015 passed by Additional Sessions & District Judge-3, Thane in Criminal Revision Application No. 134 of 2015.

2. The applicant is the original complainant in S.C.C. No. 7963 of 2015 pending before the Court of 4th Joint Judicial Magistrate, First Class, Vashi at CBD Belapur, Navi Mumbai. The complaint was fled alleging offence punishable under Section 138 of Negotiable Instruments Act. The learned Magistrate issued process. The respondent No.1 and 2 challenged order of process by preferring revision application before the Sessions Court. The learned Sessions Judge vide order dated 26.06.2015 allowed the revision application and set aside the order issuing process dated 09.04.2015 passed by learned JMFC, Vashi, Navi Mumbai.

3. The case of the complainant is that the accused No.1 is partnership firm and accused No.2 and 3 are partners of accused No.1. In February 2014, accused No.2 and 3 approached complainant for financial help and sought friendly loan of Rs. 12,00,000/-. The complainant transferred Rs. 7,50,000/- to accused by RTGS on 22.02.2014 and sum of Rs.4,50,000/- was paid in cash to accused on 22.02.2014. The accused

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