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BOMBAY HIGH COURT
Vibha Kankanwadi, J
Inayat Ali Hashmat Ali Sayyad – Appellant
Versus
Krishna S/o Ganesh Marke – Respondent
| Table of Content |
|---|
| 1. petition challenges validity of cheque bouncing complaint under sec. 138. (Para 1 , 5) |
| 2. arguments revolve around procedural adherence by the magistrate. (Para 2 , 4) |
| 3. court clarifies procedural legitimacy of evidence via affidavits and rules on judicial review. (Para 6 , 8) |
ORDER :
1. Present Writ Petition has been filed invoking the constitutional powers of this Court under Article 227 of the Constitution of India and inherent powers under Section 482 of the Code of Criminal Procedure for quashing the complaint i.e. S.C.C. No.998 of 2019 filed against the petitioner by the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act before the learned Judicial Magistrate First Class,Hingoli and to get order below Exhibit-17 dated 29th April 2021 passed by the learned Judicial Magistrate First Class, Hingoli, set aside.
2. Heard learned Advocate Mrs. Bharad appearing for the petitioner and learned Advocate Mr. Gangakhedkar appearing for the respondent.
3. It has been vehemently submitted on behalf of the petitioner – original accused that the learned Judicial Magistrate First Class has committed an error when he has not recorded the evi
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