SHANKAR JAGANNATH KUTTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS petition has been filed by the accused in Criminal Case No. 166 of 1988 against the order dismissing their application for discharge passed by the Judicial magistrate, First Class, Tasgaon, Dist. Sangli confirmed by the Sessions Judge, sangli in Criminal Revision Application No. 165 of 1989.

(2.) THE Respondent No. 1 - original complainant had initially lodged the complaint to the police for offences of breach of trust, cheating etc. against the petitioners. He then filed private complaint bearing Criminal Case No. 93 of 1988 on 12th May 1988 in the Court of JMFC for the same offences. The inquiry was directed by JMFC under Section 156 (3) of Cr. P. C. and after the investigation by the police chargesheet came to be filed and, therefore, both the private complaint and charge sheet were combined in Criminal Case No. 166/1988.

(3.) INITIALLY, the application was made before the Trial Court for discharge which was dismissed by the order of the Judicial Magistrate, First Class, Tasgaon on 10/8/89. The petitioners preferred Criminal Revision Application No. 165 of 1989 before the Sessions Court, Sangli which was dismissed by the learned Sessions Judge by his judgment and order dated 6/7/92 after considering the entire material brought on record holding that the prima facie case had been made out against the petitioners.