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2018 Supreme(Pat) 609

ASHWANI KUMAR SINGH
Subodh Kumar Singh, son of Radha Singh @ Radha Prasad Singh – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner:Mr. Vikramdeo Singh, Advocate, Mr. Ravi Shankar Pankaj, Advocate
For the Opposite Partys :Mr. S.K. Mishra, Advocate, Mr. Jharkhandi Upadhyay, APP.

JUDGMENT :

Heard learned counsel for the petitioner and learned counsel for the State.

2. This application under Section 482 of the Code of Criminal Procedure has been filed by the petitioner for quashing of the order dated 08.03.2017 passed by the Learned Sessions Judge, Begusarai, in Criminal Revision No.56 of 2017 whereby and where under the order taking cognizance dated 14.07.2016 passed by the learned Chief Judicial Magistrate, Begusarai in Complaint Case No. 1056(C) of 2016 has been affirmed by which the petitioner was summoned to face trial for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short “N.I. Act”).

3. It is submitted by the learned Advocate for the petitioner that the order impugned passed by the revisional court affirming the order passed by the learned Chief Judicial Magistrate by which the petitioner has been summoned to face trial under Section 138 of the N.I. Act is bad in law.

4. The submission is that for dishonour of two cheques in the first instance legal notice was issued to the petitioner on 31.12.2015. As the petitioner failed to reply, the reminder notice was issued on 26.02.2016 by the complainant to which the petit









































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