N P CHHABARIA Vs. JYOTI WIRE INDUSTRIES

JUDGEMENT

(1.) MRS. Rama S. Pendkalkar for the petitioner. None for other respondents except State of Maharashtra which has been represented by Ms. Kantharia. Therefore, this Court heard both the Counsel appearing for the petitioner and the State of Maharashtra.

(2.) THE petitioner is hereby assailing the correctness, propriety and legality of the order passed by the Trial Court whereby a process was issued against him in context with some offences including an offence which is punishable under the provisions of section 420 of the I. P. C.

(3.) AFTER presentation of the complaint, at the time of taking the cognizance the Trial Court has to advert its attention to the facts and circumstances indicated by the averments made in the complaint, it has to inform itself about the allegations made in the complaint. The facts and circumstances of the case differ from case to case. Therefore, the provisions of law have to be applied to such case presented before it by reading the allegations carefully.