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K.N.SINHA
Anil Kumar Singh – Appellant
Versus
Kanak Prabha Dutta – Respondent


Counsel for the Parties:
For the Revisionist:Mr. I.K. Chaturvedi and Mr. Ram Milan Dwivedi, Advocates.
For the Respondents:Mr. Gopal S. Chaturvedi, Advocate and Mr. Ramesh Sinha, A.G.A.

Judgment

K.N. Sinha, J.—The present revisions arise out of the Order dated 17.11.2001 passed in different revisions. The matter in controversy and the law points involved are common, hence both the revisions are being decided by the common Order.

2. The brief facts relating to Criminal Revision No.658 of 2001 are that Smt.Kanak Prabha Dutta opposite party No.1 filed a complaint under Sections 138/141 of the Negotiable Instruments Act Police Station George Town, Allahabad, on the ground that the revisionist Anil Kumar Singh and opposite party Nos. 3 to 6 were the partners of the firm opposite party No.2. Mr. P.N. Singh opposite party No.3 took Rs. 1,00,000/- (One lac.) from Kanak Prabha Dutta with a promise to return the same on 30.6.1997. On the said date cheque number 097603 was issued by opposite party No.3, which was presented to the Bank on the same day but the Bank informed on 3.7.1997 that it cannot be paid on account of shortage of money in the said account. The opposite party No.2 Smt. Kanak Prabha issued a notice which was served on opposite party Nos. 2 to 6 on 16.6.1997 and demanded Rs. 1,00,000 (one lac.) which was not paid, hence the complaint was filed.

3. The facts o












































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