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2004 Supreme(SC) 1714

Y.K.SABHARWAL, D.M.DHARMADHIKARI
P. N. Poddar – Appellant
Versus
State of Maharashtra – Respondent


ORDER :

Y.K. Sabharwal, J.

Leave granted.

2. The appellant is aggrieved by the judgment dated 9-6-2003 of the Bombay High Court, whereby Criminal Writ Petition No. 968 of 1994 was dismissed. The petition seeking review of the order dated 9-6-2003 was also dismissed by the High Court in terms of the order dated 16-7-2003.

3. The appellant and Respondents 3 and 4 herein are accused in a complaint filed by Respondent 2 against them. The accused are officers in M/s Usha International Ltd. A complaint under Section 138 of the Negotiable Instruments Act, 1881 was filed by the Company against Respondent 2 herein. Respondent 2 has filed complaint against the accused, inter alia, alleging that they have committed offences under Sections 458 and 471 read with Section 34 of the Penal Code, 1860. The criminal writ petition filed in the High Court seeks quashing of the complaint that has been filed by Respondent 2 against the appellant and Respondents 3 and 4. When the said writ petition came up before the High Court on 9-6-2003, on a counsel representing that the papers had been taken back by the client, an order was passed by the High Court opining that the writ jurisdiction cannot be exercised f

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