1. This application takes an exception to the order passed by
the 6th Judicial Magistrate First Class, Nashik (for short “said Court”)
on 09th May 2019 thereby issuing process against applicant for an
offence punishable under Section 138 of the Negotiable Instruments
Act, 1881 (for short “the said Act”).
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2. The present applicant is an accused in the Summary Case
No. 2373/2018 and first Respondent is original complainant before the
said Court. It was stated in the complaint that, complainant is an
agriculturist and resident of Kasabe Vani, Taluka Dindori, District
Nashik. The accused and the complainant were known to each other
and has had good acquaintances and were friends since long. It is
alleged that, the Accused met with the complainant and represented
that he was in need of money for his business. Accordingly, the
accused requested the complainant to give him the hand loan of Rs.
30,00,000/- (in words Rs. Thirty Lakhs only) for the purpose of his
various businesses. The accused assured the complainant that the said
amount will be refunded when money will be available with him.
Having a cordial relationship with the Accused, the complainant
relying upon the said assurance of the Accused paid him an amount of
Rs. 30,00,000/- in cash. Since the hand loan was given looking to the
cordial relationship between the parties the said loan was interest free