1 CRI.APPLN.NO.5237/2010 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5237/2010. (Bhagwan s/o Govindlal Bhutada Vs./ The State of Mah. And Ors.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.MP Kale, Adv. For applicant; Mr.VH Dighe, APP for State. Mr.AM Gaikwad, Adv. For Resp.No.3. *** CORAM : K.U.CHANDIWAL ,J. DATE : 25 th January, 2011. ... 1) Heard. 2) Mr.Gaikwad for Respondent no.3 has tendered an affidavit of Shivaji Naroji Karale, complainant in the matter, copies thereof served upon Mr.Kale and learned APP. 3) Heard. On instructions, learned Counsel for the applicant does not press for quashing the proceedings in RCC No. 44/2010. Permitted to that extent. 4) Considering the nature of accusations, the applicant has come with a case of issuance of a cheque by complainant, denied by respondent no.3, however, the proceedings under Section 138 of Negotiable Instruments Act, are already initiated by the present applicant 2 CRI.APPLN.NO.5237/2010 against the respondent no.3. In that view of the matter, the subsequent prosecution by respondent no.3 on the same count, taking recourse to Section 156(3) Cr.P.C. And Police having swung in action, at this stage, calls for protection. 5) Interim protection dated 21.12.2010 is made absolute. Same bail to continue. In addition, the applicant/accused, whenever so informed by the police authorities, to attend scrupulously. 6) The application allowed to the above extent. (K.U.CHANDIWAL) JUDGE bdv/