Ramesh Anandrao Gaikwad vs Bhargav D Chouhan And Anr
2024 Latest Caselaw 2753 Bom

Bombay High Court

Ramesh Anandrao Gaikwad vs Bhargav D Chouhan And Anr on 30 January, 2024

Author: N. J. Jamadar

Bench: N. J. Jamadar

                                                                          33-wp-3071-2023.doc




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CRIMINAL APPELLATE JURISDICTION

                         WRIT PETITION NO.3071 OF 2023

Ramesh Anandrao Gaikwad                                          ...Petitioner
           vs.
Bhargav D. Chouhan and Others                                    ...Respondents

Mr. Sandip Khurkute, for the Petitioner
Mr. S.R. Agarkar, APP for the Respondent/State.

                                    CORAM :   N. J. JAMADAR, J.

                                    DATE :    JANUARY 30, 2024

P.C.:

1. Heard the learned counsel for the parties.

2. The complainant/respondent No. 1 had lodged the complaint

in the year 2009. The process came to be issued by the learned

Magistrate by an order dated 15th December, 2022 despite a

negative report by the investigating officer in an inquiry under

section 202 of the Code of Criminal Procedure.

3. The learned counsel for the petitioner submits that in respect

of very same cheque the complainant/respondent No. 1 has been

convicted by the learned JMFC, Kalyan in SCC/9000896/2009, by a

judgment and order dated 28th April, 2022 for an offence

punishable under section 138 of the Negotiable Instruments Act,

1881.

4. Arguable questions are raised.

Vishal Parekar ...1

33-wp-3071-2023.doc

5. Issue notice to the respondents returnable 12th March, 2024.

6. The learned APP waives notice to respondent No.2/State.

7. In addition to notice through Court, the petitioner is at liberty

to serve respondent No. 1 by private service and file affidavit of

service.

8. In the meanwhile, there shall be ad-interim relief in terms of

prayer clause (b).

                                           (N. J. JAMADAR, J.)




Vishal Parekar                                                                    ...2