RAJENDRA BABASAHEB DESHMUKH Vs. SRIPAL JENE JINAPA PACHORE

JUDGEMENT

(1.) Heard Shri Pradhan learned counsel for the petitioner. The petition challenges the issuance of the process by the ld. Magistrate upon a complaint filed against the petitioner and the society of which the petitioner was a chairman.

(2.) In the decision of the Apex Court in the matter of K.M. Mathew vs. State of Kerala, 1992 AIR(SC) 2206 in paragraph 8 it is observed as under ;

(3.) In view of the aforesaid decision, without expressing any opinion on the merits of the matter, I am of the view that it was always open and it is still open to the petitioner to satisfy the ld. Magistrate why the proceedings should not be continued any further. In that view of the matter I do not find it necessary to entertain the petition and the petition is rejected solely on this count.