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2025 DAILYLAW 35412 (BOM)

M/S. WHEEL MAGNETS, THR. ITS AUTH. PARTNER ROHAN THAKUR v. ANIKET NAIK

WPCR/21/2025 · 2025-08-18

Shri Valmiki Menezes

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

29-WPCR-21-2025.DOC Suchitra IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL WRIT PETITION NO.21/2025 M/S. WHEEL MAGNETS, A Partnership irm constituted under the relevant provisions of the Indian Partnership Act, Having its oice at Building No. 87514. Goa Mumbai Highway Porvorim Goa, through its Authorized Partner Mr. Rohan hakur, Son of Mr. Vishnoo hakur, 44 years in age, married, Indian National, Businessman, Oice at No. 875/4, Goa Mumbai Highway, Porvorim, Goa, Bardez, Goa. … PETITIONER Versus MR. ANIKET NAIK, son of Mr. Naik, major in age, married, Indian National, Proprietor of Ace Wheels, Resident of H. No. 76, Khandola, Marcel, Ponda, Goa. … RESPONDENT Mr Jatin Ramaiya, Advocate for the Petitioner. Mr Prashant Agrawal, Advocate for the Respondent. CORAM: VALMIKI MENEZES, J. DATED: 18th AUGUST 2025 ORAL JUDGMENT: 1. Rule. Rule is made returnable forthwith at the request of and with the consent of the learned counsel for the parties. 18th August 2025 2025:BHC-GOA:1525 29-WPCR-21-2025.DOC 2. he order granting an application under Section 145(2) of the Negotiable Instruments Act, permitting the accused leave to cross-examine the complainant, is totally devoid of any reasons. he order does not refer to any of the averments in the application or the reasons why, in a summary/summons triable case, the Court has granted leave to cross-examine the applicant. Since the order is without any reasons, the same is quashed and set aside. 3. he learned Magistrate shall consider the averments made in the application under Section 145(2) of the Negotiable Instruments Act and the record before it, including the defences, if any raised in the application and in the reply to the notice, if iled by the accused and then pass its order citing reasons in the support of the same. 4. Rule is made absolute in the above terms. 5. Criminal Writ Petition is disposed of. VALMIKI MENEZES, J. 18th August 2025 Signed by: SUCHITRA NANDAN SINGBAL Designation: Personal Assistant Date: 19/08/2025 10:07:44