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2008 Supreme(SC) 733

S.B.SINHA, LOKESHWAR SINGH PANTA
S. RAMA KRISHNA – Appellant
Versus
S. RAMI REDDY (D) BY HIS LRS. – Respondent


JUDGMENT:

S.B. Sinha, J.-- Leave granted.

2. Appellant issued two cheques for a sum of Rs. 5,00,000/- (Rupees Five lakhs) each in favour of the original complainant - i.e. S. Rami Reddy (since deceased) on or about 9.1.2001 and 10.1.2001. The said cheques were deposited in a bank for collection on or about 25.2.2001. They were dishonoured.

3. Rami Reddy filed a complaint petition in the Court of Additional Judicial Magistrate First Class, Kurnool purported to be under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881 (for short 'the Act') on 6.6.2001. It was registered as C.C. No. 368 of 2001. Rami Reddy expired on 28.10.2003. Respondents herein filed an application for substitution of their names in place of the said Rami Reddy on 22.12.2003. Appellant filed an objection thereto. No order was passed on the said application. The counsel appearing on behalf of the complainant started representing the proposed heirs of the said Rami Reddy. It appears that on or about 18.4.2005 till 23.1.2006, i.e., on 14 dates nobody represented the complainant.

4. On 23.1.2006, noticing that the respondents had not been attending the















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