JUDGEMENT
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(1.)The applicant is the complainant in Summary Criminal Case 4103/2017 instituted under Sec. 138 of the
Negotiable Instruments Act, 1881 (Act) in which the non-applicant
is arraigned as the accused.
(2.)Considering the issue involved, it would not be necessary to note in detail the averments in the complaint.
Suffice it to note, that according to the applicant (hereinafter
referred to as the complainant) the non-applicant (hereinafter
referred to as the accused) borrowed from him Rs.3,00,000.00,
repaid Rs.1,50,000.00, and towards discharge of the liability to
repay the balance loan amount of Rs.1,50,000.00 issued cheque,
which was dishonoured.
(3.)The learned Judicial Magistrate First Class, Akola issued process vide order dtd. 16/10/2017, which read thus:
Perused the complaint, verification on affidavit
and documents on record. Prima facie ingredients
of the offence under sec. 138 of Negotiable
Instruments Act are made out. Hence, issue
process under sec. 138 of Negotiable
Instruments Act against accused as proprietor of
Bhagvati Construction on process fee.
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