R.K.LODHA, CHANDRAMAULI KR.PRASAD, SUDHANSU JYOTI MUKHOPADHAYA
MANHARIBHAI MULJIBHAI KAKADIA – Appellant
Versus
SHAILESHBHAI MOHANBHAI PATEL – Respondent
R.M. Lodha, J. — Leave granted.
2. The sole question for considerfation is, whether a suspect is entitled to hearing by the revisional court in a revision preferred by the complainant challenging an order of the Magistrate dismissing the complaint under Section 203 of the Criminal Procedure Code, 1973 (for short ‘Code’).
3. It is not necessary to set out the facts in detail. Suffice it to say that Shaileshbhai Mohanbhai Patel, respondent no. 1, filed a criminal complaint on 15.5.2004 in the Court of Chief Judicial Magistrate, Surat (for short ‘CJM’) against Manharibhai Muljibhai Kakadia and Paresh Lavjibhai Patel, appellants, alleging that they had pre-planned a conspiracy; created forged documents bearing signatures of the complainant, his father and uncle, two sons of his uncle and his elder brother and have used the said documents as true and genuine by producing the same before the District Registrar, Cooperative Society, Nanpura, and by making false representation obtained registration of Indoregency Cooperative Housing Society Limited and by doing so the accused (appellants) have caused financial loss and physical and mental agony to the complainant and his family
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Adalat Prasad v. Rooplal Jindal and others (2004) 7 SCC 338.
Mohd. Yousuf v. Afaq khan (Smt.) and another (2006) 1 SCC 627.
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Jamuna Singh and others v. Bhadai Sah (1964) 5 SCR 37.
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