All Writ Petition (Civil)

Order - Status 4: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 1349 OF 2021 Ramchandra Dhondiba Dhawale ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. WITH CIVIL WRIT PETITION NO. 4987 OF 2021 Govind Krishna Bhanage. ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. WITH CIVIL WRIT PETITION NO. 4985 OF 2021 Vinod Shankar Bhatose. ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. WITH CIVIL WRIT PETITION NO. 4989 OF 2021 Hariba Tanaji Bhatose. ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. WITH CIVIL WRIT PETITION NO. 4986 OF 2021 Shri Narayan Raghu Sapkal. ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. WITH CIVIL WRIT PETITION NO. 4988 OF 2021 Shri Ramesh Vithal Gaikwad (Barbar). ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. WITH CIVIL WRIT PETITION NO. 4991 OF 2021 Shri Bajrang Ganpat Jadhav(Rodat). ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. WITH CIVIL WRIT PETITION NO. 1347 OF 2021 Nasima Abdul Deshmukh. ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. WITH CIVIL WRIT PETITION NO. 1353 OF 2021 Krishana Haribhau Kadam. ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. WITH CIVIL WRIT PETITION NO. 4982 OF 2021 Raziya Bashir Deshmukh.. ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. WITH CIVIL WRIT PETITION NO. 1363 OF 2021 Deepak Vithal Sutar. ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. WITH CIVIL WRIT PETITION NO. 1350 OF 2021 Lilabai Bhimrao Kadam. ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. WITH CIVIL WRIT PETITION NO. 1358 OF 2021 Bhambu Govind Dhawale. ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. WITH CIVIL WRIT PETITION NO. 4990 OF 2021 Shri Chandrakant Ramji Jadhav. ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. WITH CIVIL WRIT PETITION NO. 4981 OF 2021 Shri Madhukar Sitaram Bhatose. ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. WITH CIVIL WRIT PETITION NO. 4983 OF 2021 Ramchandra Dhau Dhawale. ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. WITH CIVIL WRIT PETITION NO. 4984 OF 2021 Yogesh Bhivram Jadhav. ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. Mr. Dhananjay Chavan a/w. Mr. Vijay R. Garad i/b. Mr. R.A. Choudhari, advocate for Petitioners. Mr. V.M. Mali, AGP for State in WP Nos. 1349/2021, 4988/2021, 1353/2021, 1350/2021. Ms. Ashwini A. Purav, AGP for State in WP Nos. 4985/2021, 4991/2021, 1347/2021, 1358/2021. Ms. R.M. Shinde, AGP for State in WP Nos. 4986/2021, 4989/2021, 4990/2021. Ms. M.S.Bane, AGP for State in WP Nos. 4987/2021, 4982/2021, 4990/2021, 4981/2021. Mr. Siddhesh Kalel, AGP for State in WP Nos. 4988/2021, 4983/2021 and 4984/202. CORAM : SMT. SADHANA S. JADHAV & SARANG V. KOTWAL, JJ. DATE : SEPTEMBER 2, 2021. ARUNA S TALWALKAR Digitally signed by ARUNA S TALWALKAR Date: 2021.09.07 10:52:06 +0530 P.C. 1 In all these petitions, a common order is passed today because it involves the same question; only the factual aspect differs for each petitioner. 2 The petitioners are Project Affected Persons whose lands were acquired for Koyna Dam Project way back in the year 1961. All these petitioners are still waiting for allotment of lands in lieu of the lands, which were acquired. The petitioners have made applications before the authorities as follows :- Sr. No. Name Date of application 1 Shri Ramchandra Dhondiba Dhawale(WP/1349/2021) 29/5/2020 2 Shri Govind Krishna Bhanage(WP/4987/2021) 29/7/2020 3 Shri Vinod Shankar Bhatose(WP/4985/2021) 24/6/2020 4 Shri Hariba Tanaji Bhatose(WP/4989/2021) 24/6/2020 5 Shri Narayan Raghu Sapkal(WP/4986/2021) 24/6/2020 6 Shri Ramesh Vithal Gaikwad(Barbar)(WP/4988/2021) 24/6/2020 7 Shri Bajarang Ganpat Jadhav(RODAT)(WP/4991/2021) 24/6/2020 8 Sou. Nasima Abdul Deshmukh(WP/1347/2021) 29/6/2020 9 Shri Krishana Haribhau Kadam (WP/1353/2021) 29/7/2020 10 Sou. Raziya Bashir Deshmukh(WP/4982/2021) 2/6/2020 11 Shri Deepak Vithal Sutar (WP/1363/2021) 29/7/2020 12 Sou. Lilabai Bhimrao Kadam (WP/1350/2021) 29/5/2020 13 Shri Bhambu Govind Dhawale (WP/1358/2021) 29/5/2020 14 Shri Chandrakant Ramji Jadhav (WP/4990/2021) 24/6/2020 15 Shri Madhukar Sitaram Bhatose(WP/4981/2021) 24/6/2020 16 Shri Ramchandra Dhau Dhawale(WP/4983/2021) 29/5/2020 17 Shri Yogesh Bhivram Jadhav (WP/4984/2021) 5/10/2020 The Petitioners have mentioned in their applications that lands in different survey numbers situated in village Kundevahal, Taluka Panvel, District Raigad be allotted to them. 3 The said applications are still not decided. The petitioners have prayed for allotment of lands. Applications are pending for quite sometime. The petitioners have not been given alternate lands for many years. Therefore, in the interest of justice, we are directing the Respondent Nos. 2 and 3 to decide the applications of the petitioners for allotment of alternate lands of their choice within 8 weeks from today. With these directions, the petitions are disposed of. (SARANG V. KOTWAL, J) (SMT. SADHANA S. JADHAV, J)

Order - Status 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5479 OF 2008 Mr. L.M.Jamkar ... Petitioner Versus The State of Maharashtra & Ors. Respondents Mr. M.L.Patil, Advocate, for the petitioner. Mrs. M.P.Thakur, Addl.G.P. for the Respondents. CORAM: BILAL NAZKI & J.H.BHATIA,JJ. DATED: 10th October, 2008. P.C. After an enquiry by the Director of Education of Secondary & Higher Secondary, Maharashtra State, Pune, by his letter dated 24.9.2007 informed the Chief Secretary, Education & Sports Department, to dissolve the society and appoint an administrator. However, on 18.10.2007, he withdrew the letter seeking appointment of an Administrator on the ground that he had received a letter from the society dated 15.10.2007 requesting that the discrepancies shown to the Society had been removed and, therefore, they may be given another opportunity 1 before the matter was decided by the Director. The learned Counsel for the petitioner has challenged the letter dated 18.10.2007 on the ground that once the Director had made up his mind after conducting enquiry, he should not have withdraw the letter addressed by him to the Government. We do not feel that the Director of Education has done anything wrong. If some fresh application was made before him by the Society and he was convinced that an opportunity can be given to the Society, he could withdraw the letter earlier written by him in case he has not decided the matter and he will draw his conclusion after giving an opportunity to the Secretary of the Society, who had claimed that he had removed the discrepancies. With these observations, we do not find any merit in this Writ Petition. It is dismissed. However, we direct the Director of Education (Secondary & Higher Secondary) to decide the matter on merits and as expeditiously as possible. (BILAL NAZKI,J.) 2 (J.H.BHATIA,J.)

Order - Status 7: FARAD CONTINUATION SHEET NO: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.8907 OF 2007 : Office Notes, Office Memoranda of coram, appearances, Court's orders : or directions and Registrar's orders. : Court's or Judge's orders. : : : None for the petitioner. None for the respondent. CORAM: D.B.BHOSALE, J. DATED: 6TH FEBRUARY, 2008 P.C. : . Since morning this matter has been called out twice and on both occasions none appears for the petitioners. In the circumstances, I am constrained to dismiss this petition for non prosecution. Order accordingly. (D.B.BHOSALE, J.)

Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 8830 OF 2016 Shri Vithal Namdeo Magar ....Petitioner V/S Shri N. B. Pawar, Authorised Enq.officer/asst.registrar, Co.op. Societies And Ors ....Respondent CORAM : K.K. TATED, J DATE : 30th August, 2016 P.C. : Due to paucity of time the matter is adjourned. Ad-interim relief if any to continue till then. Stand over to 04/01/2017. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 8830 OF 2016 Shri Vithal Namdeo Magar ....Petitioner V/S Shri N. B. Pawar, Authorised Enq.officer/asst.registrar, Co.op. Societies And Ors ....Respondent None for Petitioner. Mr. S.D. Rayrikar, AGP, for R.No.1. CORAM : R.M. SAVANT., J DATE : 4th January, 2017 P.C. : S.O. to 18th January 2017. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 9: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 8830 OF 2016 Shri Vithal Namdeo Magar ....Petitioner V/S Shri N. B. Pawar, Authorised Enq.officer/asst.registrar, Co.op. Societies And Ors ....Respondent CORAM : M. S. KARNIK, J DATE : 18th January, 2017 P.C. : Due to paucity of time the matter is adjourned as per CMIS date. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 11: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 8830 OF 2016 Shri Vithal Namdeo Magar ....Petitioner V/S Shri N. B. Pawar, Authorised Enq.officer/asst.registrar, Co.op. Societies And Ors ....Respondent CORAM : M.S. SANKLECHA, J DATE : 7th November, 2017 P.C. : Due to shortage of time, matter is adjourned to CMIS Date i.e. 28/11/2017, till then, interim relief, if any, to continue. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 12: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 8830 OF 2016 Shri Vithal Namdeo Magar ....Petitioner V/S Shri N. B. Pawar, Authorised Enq.officer/asst.registrar, Co.op. Societies And Ors ....Respondent CORAM : M.S. SANKLECHA, J DATE : 7th November, 2017 P.C. : Due to shortage of time, matter is adjourned to CMIS Date i.e. 28/11/2017, till then, interim relief, if any, to continue. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 14: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 8830 OF 2016 Shri Vithal Namdeo Magar ....Petitioner V/S Shri N. B. Pawar, Authorised Enq.officer/asst.registrar, Co.op. Societies And Ors ....Respondent CORAM : M.S. SANKLECHA, J DATE : 28th November, 2017 P.C. : Due to shortage of time, matter is adjourned to CMIS Date i.e 18/01/2018, till then, interim relief if any, to continue. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 16: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 8830 OF 2016 Shri Vithal Namdeo Magar ....Petitioner V/S Shri N. B. Pawar, Authorised Enq.officer/asst.registrar, Co.op. Societies And Ors ....Respondent CORAM : R.D. DHANUKA, J DATE : 21st June, 2018 P.C. : Due to paucity of time the matter is adjourned 23.07.2018. Ad-interim relief if any to continue till then. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 20: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8830 OF 2016 Vithal Namdeo Magar .. Petitioner Vs. Shri N. B. Pawar & Ors. .. Respondents None for the Petitioner. CORAM : V. L. ACHLIYA, J. DATE : 21st FEBRUARY, 2019. P. C. : None present for the Petitioner. Record reveals that the Petition is filed in the year 2016. The Petitioner has not appeared and prosecuted the Petition. The Petition is dismissed in default to appear and prosecute the Petition. [V. L. ACHLIYA, J.]

Order - Status 5: 16 wp 443-20=.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 443 OF 2020 Sunny Rajesh Lot … Petitioner V/s. The State of Maharashtra … Respondent None for the Petitioner. Mr. S.R.Shinde APP for the Respondent/State. CORAM: B.P.DHARMADHIKARI,& N.R.BORKAR, JJ. DATE : 28th JANUARY 2020 P.C. Issue notice to Respondent, returnable on 06.03.2020. Learned APP waives notice for State. High Court Legal Aid Committee to appoint panel Advocate for the Petitioner. (N.R.BORKAR,J.) (B.P.DHARMADHIKARI, J.)

Order - Status 9: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 443 OF 2020 Sunny R. Lot … Petitioner V/s. The State of Maharashtra … Respondent ---------------- Mr. Aniesh S. Jadhav (appointed) for the Petitioner. Mr. K.V. Saste, APP for the Respondent – State. ---------------- CORAM : B.P. DHARMADHIKARI, ACTING CHIEF JUSTICE & N.R. BORKAR, J. DATE : MARCH 6, 2020. P.C. 1] For the reasons recorded in the order passed today in Criminal Writ Petition No. 4256 of 2018, which we have allowed, this petition can be conveniently disposed of with following directions: "We fnd both orders are unsustainable and the same are quashed and set aside. We direct the frst authority to pass fresh orders, in accordance with law, within four weeks from the date of communication of this order to it." 2] Here, the prisoner was under trial from 25th September 2015 to 5th May 2017 and thereafter, as a convict from 6th May 2017 to 30th November 2019. 3] Thus, he has never been released either on bail or on any other leave and hence, the adverse police report against him is not justifed. 4] Hence, with similar liberty and directions as mentioned in our earlier order supra, we partly allow this petition and dispose of it. 5] This order be communicated to the prisoner in Jail. (N.R. BORKAR, J.) (ACTING CHIEF JUSTICE)

Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.15926 OF 2023 Bhaskar Pratap Mahadik .. Petitioner Vs. The State of Maharashtra, Through Department of Education and Ors. .. Respondents Ms. Mrunmayi Khambete, i/by Mr. Ajay A. Joshi, for the Petitioner. Mr. V.M. Mali, AGP for the Respondent-State. CORAM : A.S. CHANDURKAR & FIRDOSH P. POONIWALLA, JJ DATE : 20TH DECEMBER, 2023. P.C. : On the motion made by learned counsel for the petitioner, the Writ Petition is permitted to be withdrawn. Writ Petition is disposed of as withdrawn. [ FIRDOSH P. POONIWALLA, J. ] [ A.S. CHANDURKAR, J. ]

Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.4796 OF 2010 Shamrao Mahadev Phate : Petitioner V/s. The Collector & District Election Officer, Solapur & Ors. : Respondents .... Mr.S.S.Salunkhe for the petitioner. Mr.S.N.Patil, Asstt. Govt. Pleader for respondent nos.1 & 2. .... CORAM : D.D. SINHA AND MRS.MRIDULA BHATKAR,JJ. DATE : JUNE 23, 2010. P.C.: Heard the learned counsel for the petitioner. The learned counsel for the petitioner orally seeks permission to implead Solapur District Central Co-operative Bank as a partyrespondent. Leave granted. Appropriate amendment in the cause title be carried out forthwith. Notice before admission, returnable on 12.7.2010. Mr.Patil, the learned Asstt. Govt. Pleader, waives service for the respondent nos.1 & 2. (D.D. SINHA, J.) (MRS.MRIDULA BHATKAR,J.)

Order - Status 7: FARAD CONTINUATION SHEET NO . IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.4796 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr.S.S.Salunkhe for the petitioner. Mr.S.N.Patil, AGP for resp. nos.1 & 2. Mr.Sarag Aryadha for respondent no.3. Mr.S.S.Inamdar for respondent no.4. CORAM : D.D. SINHA AND MRS.MRIDULA BHATKAR, JJ. DATE : JULY 09, 2010. P.C.: Considering the cause of action involved, the learned counsel for the petitioner seeks liberty to mention the matter before the appropriate Court. Permission granted. (D.D. SINHA, J.) (MRS.MRIDULA BHATKAR,J.)

Order - Status 11: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION 1 WRIT PETITION NO.4796 OF 2010 Petitioner Respondents Mr.S.S.Rajeshirke for petitioner. Mr.S.N.Bhosale, AGP for respondent nos.1 and 2. Mr.Sarang Aradhye for respondent no.3. Mr.Inamdar for respondent no.4. CORAM : R.V.MORE, J. DATE : 12th July 2010 PC : Not on on board. In view of urgency, the production is allowed and matter is taken on board. Heard Mr.Rajeshirke for the petitioner, Mr.Aradhye for respondent no.3, Mr.Inamdar for respondent no.4 and Mr.Bhosale, learned AGP for respondent nos.1 and 2. The petition pertains to the election of respondent no.4 The Solapur District Central Co-operative Bank Limited, Solapur (hereinafter referred to as "the said bank"). The Gardi Vividh Karyakari Society Ltd; Gardi (hereinafter referred to as "the Vividh Karyakari Society Ltd.") is the member of respondent no.4. The said Vividh Karyakari Society Ltd. passed a resolution on 20th March 2010 thereby nominating the respondent no.3 as it's delegate to take part in the general election of respondent no.4 bank. The resolution was sent to the respondent no.4 bank by the said Vividh Karyakari Society Ltd. and respondent no.3's name was shown in provisional voters list as a delegate of said Vividh Karyakari Society Ltd.. The petitioner contends that a resolution came to be passed by the said Vividh Karyakari Society Ltd. on 24th March 2010 thereby nominating him as a delegate of the said Vividh Karyakari Society Ltd.. In spite of this resolution, his name is not entered into the provisional voters list. An objection was raised before the Collector, however, the same was rejected only on the ground that the signature of the Secretary of the said Society does not appear on the resolution. By order dated 18th March 2010, the learned Collector rejected the petitioner's petitioner for non inclusion of his name in the provisional voters list as a delegate of the said Vividh Karyakari Society Ltd.. The final voters list thereafter was published in the month of May 2010 and against the name of said Vividh Karyakari Society Ltd; the name of respondent no.3 is shown as it's delegate. Rule 16 programme was subsequently published on 3rd July 2010 and the last date for filing the nomination is today. The election is at an advanced stage. The petitioner, in spite of rejection of objection by the Collector on 18th May 2010, filed present petition on 18th June 2010 i.e. after nearly about one month. The petitioner is guilty of laches. Apart from these facts, admittedly there are two resolutions passed by the said Vividh Karyakari Society Ltd; one in favour of respondent no.3 and another in favour of the petitioner. The respondent no.4 bank acted upon the resolution of the said Society wherein respondent no.3 was nominated as a delegate. The relevant question would be, which, out of the two resolutions, is the valid resolution. The validity of said two resolutions can be gone into by the Co-operative Court in exercise of its jurisdiction under section 91 of the Maharashtra Co-operative Societies Act, 1960. The petitioner is at liberty to challenge the validity of the said resolution along with the out-come of the election. Taking totality of the circumstances into consideration, I am of the opinion that the petition is devoid of any substance and deserves to be dismissed. Accordingly, the writ petition is dismissed. (R.V.MORE, J.)

Order - Status 5: FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL WRIT PETITION NO. 2 OF 2014 Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Machindra Bodke, advocate for the Petitioner. Ms. V.S. Mhaispurkar, APP for State. CORAM :SMT.SADHANA S. JADHAV , J DATE :JANUARY 15, 2014 P.C.: 1 Learned APP waives service for respondent and seeks time. Issue notice to respondent No. 2. Notice returnable on 12/2/2014. 2 Pendency of this Petition shall not be construed as stay to the proceedings. ( SMT. SADHANA S. JADHAV , J) Talwalkar 1/1

Order - Status 7: Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.2 OF 2014 Jayesh B. Kanoga .Petitioner V/s. The State of Maharashtra & anr. .Respondents Mr.A.M.Moorthy, Advocate, for the Petitioner Mr.Rajesh More, APP, for the Respondent No.1 – State Mr.Rahul Arote, Advocate, for the Respondent No.2 CORAM : REVATI MOHITE DERE, J. DATE : 20TH JUNE, 2014 P.C. . Mr.Arote states that he has been instructed to appear on behalf of the respondent No.2. The office objection, therefore, does not survive. The matter to be listed under the caption "For Admission" after notice on 04.07.2014. (REVATI MOHITE DERE, J.)

Order - Status 10: spb/ 10wp2-14.sxw CRIMINAL WRIT PETITION NO. 02 OF 2014 Jayesh B. Kanoga … Petitioner. V/s. The State of Maharashtra & Anr. … Respondents. Mr. A. M. Moorthy, Advocate, for the Petitioner. Mr. S. Pasbola with Rahul Arote, Advocate, for the Respondent No.2. Mr. V.B.KondeDeshmukh, APP for the State. CORAM : M.L.TAHALIYANI,J. DATE : 02 SEPTEMEBR, 2014 P.C. : 1 Heard the learned counsel for the parties. 2 The Petitioner is facing trial for the offences punishable under section 138 of the Negotiable Instruments Act. The trial is concluded and it is kept for recording of the statement of the Petitioner under section 313 of the Cr. P.C.. 3 The Petitioner had made an application for sending the cheque to the document examiner to determine the hand writing on the cheque. The Petitioner denies of his hand writing on the cheque. He admits his signature on the cheque. The learned Advocate Mr.Pasbola, appearing on behalf of the Borey 1/2 Respondent No.2, has stated that it is not the case of the Respondent No.2 that the cheque was in the hand writing of the Petitioner. The case of the Respondent No.2 is that the cheque bears the signature of the Petitioner and it was given by the Petitioner to Respondent No.2. 4 In view of the statement of the learned counsel for the Respondent No.2, it is not necessary to discuss the order of the learned Magistrate in detail. The position is made absolutely clear by the statement of the learned counsel for the Respondent No.2. In view thereof, I pass the following order. 5 The Writ Petition stands dismissed. Adinterim order, if any stands vacated. ….. (JUDGE)