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2013 Supreme(Raj) 509

NISHA GUPTA
Mohd. Rais – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Naseemuddin Quazi
For the Respondents: S.K. Mehla

JUDGMENT :

Nisha Gupta, J.

This Misc. petition under Section 482 Cr.P.C. has been filed against the impugned order dated 6.9.2013 passed by Special Judicial Magistrate (NI Act Cases) Court, Kota in Cr. Case No. 159/2010 whereby two applications of the present petitioner have been dismissed.

2. The short facts of case relevant for disposal of the present petition are that cognizance under Section 138 of the Negotiable Instruments Act (in short NI Act) has been taken against the present petitioner on 13.5.2010. Thereafter present petitioner on 6.9.2013 moved an application before the court below with some contentions to recall that order and court below has dismissed the application. The other application which was dismissed by the court below is for getting the hand-writing expert as regards writing on the cheque which was also dismissed. Hence this petition.

3. Heard the learned counsel for the petitioner and learned Public Prosecutor and perused the impugned order.

4. There is no dispute about the fact that cognizance against the present petitioner was taken on 13.5.2010 and the cognizance order has not been assailed by the present petitioner by way of revision and assailed the order b




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