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2023 Supreme(Bom) 1813

G. A. SANAP
Mukund Mabohar Wazalwar – Appellant
Versus
Eknath Bajirao Hatwar – Respondent


Advocates appeared:
R.M.Patwardhan, Advocate, A.K.Bangadkar, Advocate

JUDGMENT/ORDER

1. Both the applications arise out of the common judgment and order passed by the learned Sessions Judge, Bhandara dtd. 18/7/2019 and therefore, the same are being disposed of by common judgment. The applicant in Criminal Application No.839/2019 is accused No.2 in the complaint and the applicant in Criminal Application No.898/2019 is the accused No.3 in the complaint. The non-applicants No.1(1) to 1(6) in both the applications are the legal heirs of the deceased-complainant in the complaint filed by him under Sec. 138 read with Sec. 141 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "the N.I. Act" for short). The learned Sessions Judge, Bhandara, by the impugned judgment and order, dismissed the revision applications filed by the applicants and confirmed the order passed by the learned Judicial Magistrate First Class, Sakoli, rejecting the applications made by the applicants/accused for their discharge from the complaint.

2. The facts relevant for deciding these applications are as follows: In this judgment the parties would be referred by their nomenclature in the complaint. The deceased-complainant filed complaint under Sec. 138 of the N.I. Act i

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