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H.R.PANWAR
Rajesh Sarvaiya – Appellant
Versus
Niki Chemicals Industries – Respondent


JUDGMENT :

H.R. PANWAR, J.

1. By the instant petition u/s 482, Cr.P.C. accused petitioner seeks quashing of criminal complaint filed by M/s. Chemical Industries u/s 138 of the Negotiable Instruments Act, 1881 (for short the Act of 1881 hereinafter) being Criminal Original Case No. 1517 of 2004 pending before Additional Chief Judicial Magistrate (Economic Offences), Jodhpur (for short the Trial Court hereinafter).

2. I have heard learned Counsel for the petitioner. No one appears for the complainant- respondent though served.

3. It is submitted by learned Counsel for the petitioner that the petitioner issued cheques Nos. 390170, 390171, 390172 and 390173 of Rs. 2,00,000/- in favour of the complainant respondent. The cheques on being presented to the Bank by the respondent were dishonoured and returned unpaid and thereafter a notice came to be given to the petitioner by the respondent as envisaged u/s 138 of the Act of 1881 requiring the petitioner to pay the cheque amount within 15 days from the date of receipt of notice. According to learned Counsel for the petitioner, the complainant stated, in the complaint in para No. 6 that the notice was sent by the complainant through Counsel on





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