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2019 Supreme(SC) 1418

INDIRA BANERJEE, M.R.SHAH
Arun Kumar – Appellant
Versus
Anita Mishra – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. N.K. Mody, Mr. Siddhant Gupta, Mr. Prabudahu Singh Gour, Mr. M.P. Shorawala.
For the Respondents: Mr. Uday Gupta, Mrs. Shivani Lal, Mr. M.K. Tripathi, Mrs. Sarla Chandra, Mr. Hiren Dasan.

ORDER :

1. Leave granted.

2. This appeal is against an order dated 09.09.2015 passed by the Indore Bench of the High Court of Madhya Pradesh allowing the application filed by the accused respondent being Misc. Criminal Case No. 9128/2012 against an order passed by the Learned Judicial Magistrate, First Class Narsinghgarh, dated 29.07.2011, refusing to dismiss the Complaint Case No. 547/2009 filed by the appellant complainant against the accused respondent under Section 138 of the Negotiable Instruments Act and the order passed by the Additional District Judge dated 24.08.2012, dismissing the revisional application of the accused respondent against the said order dated 29.7.2011 of the Learned Judicial Magistrate, being Criminal Revision No. 195/2011.

3. The brief facts are that a complaint under Section 138 of the Negotiable Instruments Act was filed by the appellant complainant against the accused respondent on 02.07.2007.

4. The Judicial Magistrate, First Class, Narsinghgarh sentenced the accused respondent to six months’ imprisonment and further imposed a fine of Rs. 3,30,000/- on the accused respondent. Being aggrieved, the accused respondent filed a Criminal Appeal No. 231/2007. D

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