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2006 Supreme(SC) 539

B.P.SINGH, RANGANATH MISRA
D. Vinod Shivappa – Appellant
Versus
Nanda Belliappa – Respondent


JUDGMENT

B.P. Singh, J.—These seven appeals arise out of seven separate orders passed by a learned Single Judge of the Karnataka High Court on July 19, 2004 dismissing seven criminal petitions filed under Section 482 of the Code of Criminal Procedure for setting aside the orders of the JMFC Medikeri issuing process against the appellant on the complaints filed by the respondent under Section 138 of the Negotiable Instruments Act, 1881 (for short ‘Act’).

2. The facts of the cases are similar and the same question arises for consideration in each of the appeals. The only distinction is that whereas in Criminal Appeal Nos. 1256 and 1257 of 2004 the notices sent to the appellant were returned with the endorsement “addressee always absent during delivery time. Hence returned to sender”, in the remaining five cases the notices were returned with the endorsement “party not in station. Arrival not known”.

3. The representative facts are taken from Criminal Appeal No. 1255 of 2004.

4. The case of the complainant-respondent is that the appellant had issued a cheque in his favour for a sum of Rs. 1,25,000/- on November 7, 2003. The cheque was presented to the bank for encashment but the same was
































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