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2023 Supreme(Bom) 846

G. A. SANAP
Hari Prakash – Appellant
Versus
Shailesh – Respondent


Advocates appeared:
S. K. Mishra, Advocate, Kaustubh Deogade, Advocate, V. V. Bhangde, Advocate, S. A. Ashirgade, Advocate

JUDGMENT

G. A. Sanap, J. - In this application, made under Section 482 of the Code of Criminal Procedure (for short 'Cr.P.C.'), challenge is to the judgment dated 17.09.2018 passed by the learned Additional Sessions Judge-2, Nagpur in Criminal Revision Application No. 402/2012, whereby the learned Additional Sessions Judge dismissed the revision application and confirmed the order dated 18.05.2012 passed by the learned Judicial Magistrate, First Class, Court No.6, Nagpur.

2. Learned Judicial Magistrate, First Class, Court No.6, Nagpur vide order dated 18.05.2012 had rejected the applications (Exhs.35, 40 and 38) made by accused nos.1 to 3 for dismissal of the complaint and for their discharge in Criminal Complaint Case No. 1208/2007.

3. The relevant facts of the case are as under :

The parties in this judgment would be referred by their nomenclature in the complaint. The applicant is accused no.1 and non-applicant no.1 is the complainant. The complainant has stated that as per the contract agreement dated 23.12.2002, railway contract for executing the painting of railway still girder bridges was awarded to him. The dispute arose between the complainant and the accused in the matter of

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