FULCHAND SHANKRAJI SHENDE Vs. SANDIP SUKHDEO THAOKAR

JUDGEMENT

(1.) Heard Mr. Shashikant Borkar, learned Advocate for the applicant. None appears for the respondent though served.

(2.) Mr. Shashikant Borkar, learned Advocate for the applicant, submits that the inherent powers of this Court under Section 482 of the Criminal Procedure Code are invoked for quashing the impugned order dated 7.3.2007 passed by the J.M.F.C., Bhandara in Criminal Case No. 262/06. It is contended that the respondent/complainant filed a complaint before the Judicial Magistrate First Class under the provisions of Section 138 of the Negotiable Instruments Act. It is contended that the evidence of the complainant was recorded and he has also closed his evidence by filing Pursis dated 7.3.2007 before the Judicial Magistrate. It is contended that the evidence of the complainant was recorded by the predecessor of the Judicial Magistrate who has passed the impugned order dated 7.3.2007. It is contended that by the impugned order the Judicial Magistrate without giving any reasons ordered recording of fresh evidence of the complainant. It is contended that in absence of any reasons given by the Magistrate for ordering recording of fresh evidence of the complainant, the impugned order cannot be sustained in law in view of the provisions of Section 326 of the Criminal Procedure Code.

(3.) I have considered the contentions canvassed by the learned Counsel. Perused the impugned order as well as Pursis filed by the complainant and scrutinized the provisions of Section 326 of the Criminal Procedure Code.