AJAY RAMPAL SARDA Vs. MOHANLAL NATHMAL AGRAWAL

JUDGEMENT

(1.) Heard Mrs. R.P. Jog, the learned counsel for the applicant and Mr. R.P. Goenka, counsel for respondent 1 and Mr. M.K. Pathan, the learned APP for respondent 2.

(2.) The applicant, who is arraigned as accused 5 in Summary Criminal Case 5363/2017, which is instituted by respondent 1 under sec. 138 of the Negotiable Instruments Act, 1881 ("Act" for short) approached the learned Sessions Judge under sec. 397 of the Code of Criminal Procedure, 1973 ("Code" for short) in Criminal Revision 99 of 2018, challenging the order dtd. 4/12/2018, rendered by the Judicial Magistrate First Class, (13th Court), Akola, of issuance of process.

(3.) The learned Additional Sessions Judge, dismissed the revision and the applicant, who shall be referred as the accused hereinafter, is invoking inherent power under sec. 482 of the Code and the extraordinary jurisdiction under sec. 227 of the Constitution of India.