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2015 (1) TMI 1434 - BOMBAY HIGH COURTPower and duties Judicial Magistrate - Dishonor of cheque - learned Magistrate has refused to entertain the complaint and has ordered to return the same to the petitioner on the ground that in view of the Judgment of the Hon'ble Supreme Court of India in the matter of DASHRATH RUPSINGH RATHOD VERSUS STATE OF MAHARASHTRA & ANOTHER [2014 (8) TMI 417 - SUPREME COURT], the learned Magistrate could not have heard the said complaint - HELD THAT:- The issue decided in the case of GEETA MARINE SERVICES PVT. LTD. VERSUS STATE AND ORS [2008 (9) TMI 1011 - HIGH COURT OF BOMBAY] where it was held that now the Apex Court is seized of matters involving the said issues and therefore if any modification is made by the Apex Court in the view taken by this Court naturally the learned Magistrates will have to abide by the law laid down by the Apex Court. Thus, it is abundantly clear that the Magistrate has to follow the judgment of this Court unless and until it is set aside by the Apex Court. Petition disposed off.
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