KANTILAL HARGOVINDAS SHAH Vs. TRISHUL INDUSTRIES

JUDGEMENT

(1.) HEARD Mr. Mundargi, the learned Counsel for the petitioner and the learned A. P. P. for the State. Nobody was present for contesting respondents Nos. 1 and 2.

(2.) THIS petition has been filed against the order of the Ld. Additional Chief Metropolitan Magistrate, (C. L. Thool) dated 26th April, 1997 by which the process issued against accused Nos. 1 and 2 was recalled and the accused were acquitted of the offence punishable under Sections 138 and 141 of the Negotiable Instruments Act.

(3.) IN view of this, the petition is allowed. Rule is made absolute accordingly. The impugned order dated 26th April, 1997 passed by the Ld. Additional Chief Metropolitan Magistrate, Mazagaon, Mumbai, is set aside. The complaint is restored to file and the same should be disposed of in accordance with law. Petition allowed. .