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2002 Supreme(Del) 314

S.K.AGARWAL
SHIVANI SADANAND – Appellant
Versus
STATE OF DELHI – Respondent


S. K. Agarwal

( 1 ) THIS petition under Section 482 Cr. P. C. is dorected againt order 28. th June 20o1 aseed by Sh. A. K. Sarpal, Metropolitan Magistrate, Delhi dismissing the application of the petitioner under Section 205 Cr. P. C. seeking exemption from personal appearance during the trial.

( 2 ) FACTS in brief are that respondent No. 2 filed a complaint under Section 138 of Negotiable Instruments Act (for short n. I. Act") against the petitioner alleging that petitioner had issued a; cheque for a sum of Rs. 70,000. 00 drawn on UCO Bank, Noida ( UP ) in his favour. The said cheque on presentation was dishonoured with the remarks "refer to drawer due to funds not being sufficient in the account of the petitioner. The petitioner did not make the payment of the cheque amount even after the legal notice. By order dated 18/09/1995, trial, court took cognizance and summons were issued for appearance of the petitioner to face the trial. In compliance of the summons, petitioner appeared before the trial court and was admitted on bail. Thereafter, she was served with a notice under Section 251 Cr. P. C. to which she pleaded not guilty and claimed trial. The matter was then adjourned fo








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