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2008 Supreme(Gau) 830

ANIMA HAZARIKA
Monosij Roy – Appellant
Versus
Hitendra Das – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: R.D. Lal, A. Alam and S. Das, Advs.
For Respondents/Defendant: K. Bhattacharjee and T. Dhar, Advs.

JUDGMENT

Anima Hazarika, J.

1. Invoking power under Section 397 / 401 read with Section 482 of the Code of Criminal Procedure, 1973 (Code for short), the three Revision petitions have been filed by the Petitioner for quashing the proceedings of the case Nos. 779c/2003, 780c/2003 and 782c/2003 pending before the learned Judicial Magistrate, 1st Class, Guwahati.

2. Vide order dated 5.1.2004 a Single Bench of this Court directed that all the three revision petitions namely, Criminal Revision Nos. 2/2004, 5/2004 and 6/2004 be listed before one Bench for analogous hearing. Accordingly, these three revision petitions were listed together which are being heard and disposed of by this common judgment.

3. The facts which gave rise to the present petition are that the complainant (Respondent herein) Sri Hitendra Das had given a loan amounting to Rs. 6,76,000/- to the present Petitioner on 16.1.2003. To liquidate the said amount a cheque of Rs. 3,75,000/- was issued by the Petitioner in favour of the complainant on 16.1.2003. The second cheque of Rs. 1,75,000/- was issued on 24.1.2003 and third cheque of Rs. 1,20,000/- was issued on 25.1.2003. However, all these three cheques were dishonoured on






































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