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2020 Supreme(SC) 617

ASHOK BHUSHAN, K.M.JOSEPH
Shiv Kumar Alias Jawahar Saraf – Appellant
Versus
Ramavtar Agarwal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Mahesh Jethmalani, Sr. Adv., Mr. Upamanyu Hazarika, Sr. Adv., Mr. Santosh Kumar, Adv., Mr. Rajiv Ranjan Mishra, Adv., Ms. Suparna Basu, Adv., Mr. Arun Goswami, Adv., Ms. Suruchi Yadav, Adv., Mr. Subhasish Bhowmick, AOR, Ms. Manisha Pandey, Adv.
For the Respondent: Mr. Vikas Singh, Sr. Adv., Mr. Ankur Chawla, Adv., Mr. C.B. Bansal, Adv., Mr. Gurpreet Singh, Adv., Mr. T. Harish Kumar, AOR

ORDER :

1. Heard Mr. Mahesh Jethmalani, learned senior counsel appearing for the appellant and Mr. Vikas Singh, learned senior counsel appearing for the respondent.

2. This appeal has been filed against the judgment of the High Court dated 06.09.2016 by which Criminal Miscellaneous Petition No.965 of 2016, filed by the appellant, praying for quashing the order dated 18.07.2016 passed by Sessions Judge, Bilaspur in Criminal Revision No.92 of 2016 has been dismissed. The Criminal Revision was filed against the order dated 18.08.2015 passed by Judicial Magistrate First Class, Bilaspur taking cognizance and registering the complaint case against the appellant for offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short "NI Act"). The appellant had issued a post dated cheque of Central Bank of India, Main Branch, Bilaspur amounting to Rs.7.8 Crores in favour of the respondent. The cheque was presented by the respondent which was dishonoured. A legal notice was issued on 02.04.2015 by the respondent, which was received by appellant. Notice was replied denying the claim put- forth by the respondent. Hence, complaint was filed before the Judicial Magistrate Fir

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