ARUN B. BHALSINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. By consent, Rule made returnable forthwith. By consent, heard finally. The petitioner is the accused No. 4 in R.T.C. No. 299/2006 pending before the Chief Judicial Magistrate, Ahmednagar. The case against the petitioner arises on a complaint made by the Respondent No. 2 herein (hereinafter referred to as "the complainant"). The petitioner is aggrieved by the order dated 18.07.2006 passed by the Chief Judicial Magistrate, issuing process against him and the other accused in the said case in respect of the offences punishable under Section 467 of the Indian Penal Code (IPC) and Section 471 of IPC read with Section 34 of IPC.

(2.) The other three accused in the said case had also challenged the order issuing process against them and the Petition filed by them has just now been disposed of by me. The case of the present petitioner, however, being on a different footing, this Petition is being disposed of by the present separate order.

(3.) The complainant's case, as made out in the complaint, is, in brief, that the accused No. 1, which is a Sahakari Nagari Patsanstha and the other two accused, who are the office bearer and the Officer of the said Patsantha, had fraudulently used two blank cheques that had been secured by the Patsanstha from the complainant some time on 16.08.1994 as a security for the loan advanced by the Patsanstha to the complainant. According to the complainant, though the said loan was repaid, a false figure and false date was put on the said blank signed cheques, which had been obtained by the Patsanstha from the complainant and on the basis of such forged cheques, when they were dishonored , proceedings under Section 138 of the Negotiable Instruments Act were initiated against the complainant.