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2015 Supreme(Bom) 2397

S.K.PALO
Bhupendra Singh – Appellant
Versus
Saket Kumar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: L.L. Goswami
For the Respondent: Kuldeep Singh

ORDER :

Shri L.L. Goswami, Advocate, for the petitioner. Shri Kuldeep Singh, Panel Lawyer, for the respondent/State.

2. Aggrieved by order dated 22-12-2014 passed in unregistered Criminal Complaint Case (Bhupendra Singh vs. Saket Kumar) under section 138 of Negotiable Instruments Act by learned JMFC, Vidisha, the complainant has preferred this revision under sections 397 and 401 read with section 482 of Criminal Procedure Code for setting aside the impugned order and to restore the criminal complaint case.

3. The factual matrix of the case is that the complainant/petitioner filed a complaint case under section 138 of Negotiable Instruments Act claiming dishonour of cheque issued by the respondent on 15-1-2008. The complaint case was pending since 7-3-2008. Despite orders, the complainant failed to pay process fee for summoning the accused/respondent since 30-12-2013. On 22-12-2014, the complainant/petitioner filed an application for issuing perpetual warrant against the accused/respondent. By the impugned order held that the criminal case is pending for more than 5 years and since 30-12-2013, the petitioner/complainant despite orders, did not pay the process fee nor he paid the proces

















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