BABU DADASAHEB GAVHANE Vs. SHAILESH GOPAL DAHAD

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent, heard finally.

(2.) Present writ petition has been filed by the original accused for quashing the proceedings against him i.e. Regular Civil Suit No.420 of 2020 pending before the learned Judicial Magistrate First Class, Aurangabad, for the offence punishable under Sec. 406, 420 of the Indian Penal Code and also for setting aside the order dated 28-07- 2021 regarding issuance of process against the petitioner.

(3.) Respondent No.1 is the original complainant. The notice issued to respondent No.1 was received by his father and the report says that the complainant had gone out of station and then the father accepted the notice, so also the server was allowed to contact respondent No.1 on mobile and thereby the intimation has been given about the notice. Since the notice has been served on the adult male member of the family of respondent No.1, it is good service. He has not appeared.