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2022 Supreme(Pat) 462

PRABHAT KUMAR SINGH
Amjad Ali Khan @ Guddu Khan – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: Mr. Vijay Shankar Shrivastava.
For the State : Mr.P. K. Pandey.
For the Opp. Party No.2 : Mr. Rajesh Kumar.

PRABHAT KUMAR SINGH, J.:–Present application has been filed for quashing of order dated 22.8.2019, passed in Cr. Revision No. 29 of 2018 by the Additional Sessions Judge VIII, Motihari, East Champaran by which petitioner’s criminal revision has been dismissed, which was filed against order dated 11.7.2018, passed by the Additional Chief Judicial Magistrate IX, Motihari, East Champaran in Complaint Petition No. 695 of 2018, whereby and whereunder Additional Chief Judicial Magistrate IX, Motihari, East Champaran has taken cognizance of the offence punishable under section 138 of the Negotiable Instrument Act against the petitioner.

2. Short facts giving rise to this case is that petitioner had issued two cheques of total Rs.12 lacs in favour of complainant’s firm which were dishonoued due to insufficiency of fund for which certificate of dishonour/return memo (Annexure 2) was issued by the bank to the complainant on 17.2.2018. Thereafter, complainant gave legal notice to the petitioner on 17.3.2018 which was acknowledged by the petitioner but he did not make payment leading to filing of Complaint Case No. C-695 of 2018 dated 25.4.2018 (Annexure 1) for the offences punishable under sec

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