DHARAMCHAND TEJMAL SONI Vs. PANCHAFULABAI W/O KESHAORAO

JUDGEMENT

(1.) The petitioner impugns the judgment rendered by the learned II Additional Sessions Judge, Nanded, whereby the order recalling process in a private complaint case bearing S.C.C. No.5844 of 1995 was set aside.

(2.) It is not necessary to elaborately set out rival contentions. Suffice it to say that the complainant alleges that he and the accused/petitioner were partners of a firm styled as "M/s. Tirupati Builders and Developers". The respondent/complainant alleged that a cheque was issued by the petitioner which was dishonoured and therefore, notice was given, but it was returned back without service. Therefore, public notice was published in a daily news paper called "Prajawani" dated 31st October, 1995. That notice also drew blank.

(3.) The order to issue process was subsequently recalled by the learned Magistrate. The learned Sessions Judge allowed the revision petition preferred by the complainant and was pleased to set aside the order of the learned Magistrate. Thus, the complaint was restored to its original position.