RASHMI SANDESH PATIL Vs. SURESH NARAYAN SHETTY

JUDGEMENT

(1.) HEARD Shri Kulkarni appearing for the Applicant. The Applicant is wife of one Sandesh Patil who is the accused No.1 in complaint filed by the Respondent before the Judicial Magistrate, First Class, Kalyan being Criminal Case No.533 of 2001. The said complaint invokes provisions contained under section 138 of the Negotiable Instruments Act, 1881 as also alleges offences punishable under section 420 and 34 of the Penal Code.

(2.) UPON process being issued, the wife i.e. the original accused No.2-Applicant before me applied for discharge and her Application for discharge has been rejected by the Judicial Magistrate, First Class, Kalyan vide order dated 30th July, 2003.

(3.) SHRI Khandeparkar appearing for the original complainant points out that complaint is composite one alleging offence both under section 138 of the Negotiable Instruments Act and section 420 read with section 34 of the Indian Penal Code. The averments in the complaint and more particularly paras 2, 9 and 10 are sufficient to proceed and it cannot be said that the Magistrate was in any error in issuing process as well as rejecting the Application for discharge.