Baburao Ganpat Shinde v. Shri Kalyan Jadhav

2 Cri.A.4509.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4509 OF 2014 Baburao Ganpat Shinde, Age: 33 years, occu: Agri., R/o Nagamthan, Tq. Kirjat, Dist. Ahmednagar.

...Applicant versus Shri Kalyan Jadhav, Age : 46 years, Occu. Business, K.J. Infrastructure Pvt. Ltd.

R/o 408/2010, Purunder Complex, Mukundnagar, Industrial Area, Mukundnagar, Dist. Pune 411 037

...Respondent

.....

Mr. V.V. Tarde, Advocate for applicant Mr. R.K. Temkar, Advocate for respondent .....

CORAM : A.I.S. CHEEMA, J.

DATED : 10th FEBRUARY, 2015 Order :- 1.

Heard learned counsel for the applicant and learned counsel for respondent.

2.

In this matter impugned order is at Exhibit-44, which shows that on 03-07-2014 the complaint was dismissed without process being issued. If process was not issued effect would be of discharge, and as such, present

2 Cri.A.4509.14 application under section 378 of the Code of Criminal Procedure, is not maintainable.

3.

Learned counsel for the applicant seeks leave to withdraw the application with liberty to move appropriate court for appropriate relief.

4.

The application is allowed to be withdrawn with liberty as prayed for and disposed of as such.

( A.I.S. CHEEMA, J. ) MTK