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A.K.SINGH
Bhanwar Lal – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

Amaresh Kumar Singh, J. - By this petition under Section 482 of the Criminal Procedure Code, it is prayed that the order dated 30th November. 1995 passed by the Civil Judge (Jr. Division) and Judicial Magistrate in Criminal Complaint Case No. 474/95 Vishwa Karma Steel Sales v. Bhanwarlal be quashed. By the above mentioned order, the learned Judicial Magistrate, on the basis of the complaint filed by the non-petitioner No. 2 took cognizance of the offence 'under Section 138 of the Negotiable Instruments Act.

2. Vishwa Karma Steel Sales, Merta City, represented by non-petitioner No. 2 filed a complaint with Civil Judge (Jr. Division) Merta on 9th June, 1995. It was alleged in the complaint that the accused persons purchased some goods from the complainant for a consideration of Rs. 53,175.04. The transaction was duly entered into the accounts books of the complainant. Two cheques one dated 15-10-1994 for Rs. 20,000/- and the other dated 25-12-1994 for; Rs. 20,000/- were given by the accused. The complainant sent the cheques to the State Bank of Bikaner and Jaipur, Merta City Branch for encashment. Both the cheques were dishonoured by the bank on 10th May. 1995 on the ground

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