KOTAK MAHINDRA BANK LTD. (KMBL) vs THE STATE OF MAHARASHTRA AND ORS

1. Heard Mr. Subhash Jha, learned Advocate for the Petitioner and Mr. Tanveer Khan, learned APP for the Respondent/State. 2. This petition filed under Article 226 of the Constitution of India read with Section 482 of the Criminal Procedure Code challenges the order passed by the Judicial Magistrate First Class, Court No. 71, Bandra, Mumbai (hereafter “Magistrate”), whereby an application filed by the Petitioner under Section 156(3) of the Code of Criminal Procedure 1973 (hereafter “Cr.P.C.”) was rejected (hereafter “impugned order”). 3. The reliefs sought by the Petitioner in this Petition are as follows:- “(a) By issue of the Writ of Direction and/or Writ of Mandamus and/or such Writ and/or order in the nature of the Writ by exercising inherent and extra ordinary powers of this Hon’ble Court under Article 226 of the Constitution of India r/w Section 482 of Criminal Procedure Code and set aside the impugned order dated 22.07.2024 passed by Ld. Judicial magistrate first class 71th court Bandra Mumbai in Misc. Case 256 of 2023 and direct to the Respondent No.2 to take cognizance of offences against the Accused person by registering the FIR. (b) Cost of this Petition be provided for 2