USHA @ RASHMI RAMESH BHADRE vs RAVIRAJ YUVRAJ CHAVAN AND ANR

Judgment text excerpt

18 Wp-2979-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2979 OF 2023 Sou. Usha @ Rashmi Ramesh Bhadre Age – 63 Years, Occu. - Housewife R/o-197, B-Ward, Mahalaxmi Mandir, Kolhapur ...Petitioner Vs. 1. Shri Raviraj Yuvraj Chavan Age 40 years, Occ- Business R/o-1553, B Ward, Jarag Galli, Mangalwar Peth, Kolhapur 2. The State of Maharashtra ...Respondents ***** Mr. Anand Patil Advocate for the Petitioner Mr. Zishan Quazi Advocate for the Respondent Mr. H. J. Dedhia APP for the Respondent-State ***** CORAM : S. M. MODAK, J. DATE : 29th JULY 2025 ORAL JUDGMENT :- 1. Heard learned Advocate for the Petitioner-Complainant and learned Advocate for the Accused-Respondent No. 1. 2. The only issue arisen in this petition is “ whether it can be said that the Complainant has complied with the provisions of Section 138 Digitally signed SEEMA by SEEMA KSHITIJ KSHITIJ YELKAR Date: YELKAR 2025.08.12 Seema 1/13 11:47:56 +0530 18 Wp-2979-2023.doc (b) of the Negotiable Instruments Act relating to service of notice ”. Though the notice dated 05.06.2018 was sent, it returned back with a remark ‘left address’. A copy of the envelope is on page no. 29. In fact the issue is no more res integra as it is already decided in case of C.C. Alvai Haji Vs. Palapetty Muhammed and Anr .1 Still Learned Additional Session Judge, Kolhapur falls pray to the arguments advanced on behalf of accused and set aside the process on 25.04.2023. Case put up by parties 3. According to the Complainant, the notice was sent on address which he found from the Aadhar card of the accused. A copy of the Aadhar card is on page no. 28. He has further pleaded in the complaint, in para no. 5 that in fact the accused is residing at the same address, but deliberately