9911796707
TMI Blog2022 (8) TMI 1423X X X X Extracts X X X X X X X X Extracts X X X X ..... of 2015 pending before the Court of 4th Joint Judicial Magistrate, First Class, Vashi at CBD Belapur, Navi Mumbai. The complaint was fled alleging ofence punishable under Section 138 of Negotiable Instruments Act. The learned Magistrate issued process. The respondent No.1 and 2 challenged order of process by preferring revision application before the Sessions Court. The learned Sessions Judge vide order dated 26.06.2015 allowed the revision application and set aside the order issuing process dated 09.04.2015 passed by learned JMFC, Vashi, Navi Mumbai. 3. The case of the complainant is that the accused No.1 is partnership frm and accused No.2 and 3 are partners of accused No.1. In February 2014, accused No.2 and 3 approached complainant fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Sessions Court hence, applicant/complainant has preferred this revision application. 6. Learned advocate for the applicant submitted that the impugned order passed by learned Sessions Judge is contrary to law. Prima facie, case was made out against the accused and the learned Magistrate after recording verifcation statement and considering the document on record issued process against the accused. Cheques were dishonoured. Demand notice was sent to the accused. All procedural safeguards were complied. Order of process could not be set aside in Revisional Jurisdiciton. Learned Sessions Judge has considered defence of the accused. While deciding the revision application, the learned Sessions Judge failed to consider the presumption under S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Another Vs. CFL Capital Financial Service Limited and Another (2017) 5 SCC 725 (h) Kashinath Balu Gaonkar Vs. Sunita Krishnajirao Dessai and Another 2015 SCC OnLine Bom 390 (i) Rangappa Vs. Sri Mohan (2010) 11 SCC 441 8. Learned advocate for respondent No.1 and 2 submitted that there is no illegality in the impugned order. Continuation of proceedings against the respondent would be abuse of process of law. The Sessions Judge was empowered to entertain the revision application and set aside the order issuing process. Learned Sessions Judge has rightly taken into consideration the undisputed document on record and set aside the order of process. It was rightly held that in cases of money lending business without the license, the proc ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
