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2001 Supreme(SC) 17

G.B.PATTANAIK, UMESH C.BANERJEE
Rajneesh Aggarwal – Appellant
Versus
Amit J. Bhalla – Respondent


JUDGMENT

Pattanaik, J.-Leave Granted.

2. The complainant is the appellant against the impugned orders dated 13th August, 1999 of a learned Single Judge of the Himachal Pradesh High Court in three criminal miscellaneous petitions file under Section 482 of the Code of Criminal Procedure. By the impugned orders, the learned Judge quashed three criminal complaints filed under Section 138 read with Section 141 of the Negotiable Instruments Act. Admittedly, three cheques had been given to the appellant, drawn on Bank of Baroda, Parliament Street, New Delhi, representing different amounts, amounting to Rs. 2,32,600 in all. These cheques were presented by the appellant for encashment, but the same were returned with the endorsement "Payment stopped by the drawer". The appellant, therefore, served notices on the respondent, calling upon him to pay the amount of cheques within 15 days of the receipt of the notice. Since the respondent failed to pay the amount, the complaints were filed in the Court of Chief Judicial Magistrate, Kullu. The learned Magistrate proceeded to hold inquiry under Section 202 of the Code of Criminal Procedure and thereafter took cognizance of the offence and directed














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