ANUP S/O. NIRANJAN DODIYA Vs. SHAILENDRA
LAWS(BOM)-2021-3-272
HIGH COURT OF BOMBAY
Decided on March 08,2021

Anup S/O. Niranjan Dodiya Appellant
VERSUS
SHAILENDRA Respondents




JUDGEMENT

- (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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