Kakasaheb S/O Atmaram Katare v. Syed Khaja S/O Syed Ajij

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 72 OF 2016 Kakasaheb s/o Atmaram Katare ...Applicant versus Syed Khaja s/o Syed Ajij

...Respondent

.....

Mr. S.A. Gaikwad, Advocate for applicant .....

CORAM : N.W. SAMBRE, J.

DATE : 10th JUNE, 2016 ORAL ORDER :

Heard.

2.

In view of law laid down by the Apex Court in the matter of Rangappa vs. Sri. Mohan reported in 2010(2) Mah. L.R. 659 (SC) it is brought to my notice that the notice issued by the complainant was not responded to by non-applicant - accused which issue is not at all dealt with by learned Magistrate while dealing with the complaint.

3.

Apart from above, presumption that cheque was issued for admitted debt was also not dealt with.

72.16crapln -24.

In view of above, leave granted.

[ N.W. SAMBRE, J. ] Tupe1/10.06.16