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2022 Supreme(Raj) 1827

VIJAY BISHNOI
Kulwant Singh – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Mr. Vijay Bishnoi (Through Vc), for the Appellant
Mr. Mahipal Bishnoi, P.P., for the Respondent.

JUDGMENT

1. This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner being aggrieved with the order dated 18.01.2020 passed by the Additional Sessions Judge, Gharsana, District Sri Ganganagar (hereinafter referred to be as 'the revisional court'), whereby the revision petition filed by the petitioner was dismissed.

2. The aforesaid revision petition was preferred by the petitioner being aggrieved with the order dated 13.02.2019 passed by the Judicial Magistrate, Gharsana (hereinafter to be referred as 'the trial court') in Case No.392/2015, whereby the application filed by the petitioner under Section 91 Cr.P.C. has been dismissed.

3. Brief facts of the case are that the complainant has lodged a complaint before the trial court against the petitioner under Section 138 of the Negotiable Instruments Act (for short 'the NI Act) alleging that the petitioner took a loan from the complainant and in lieu of that, a cheque No.527387 was given to him, however, when the complainant produced the said cheque before the concerned bank, the same was dishonored. It is also alleged by the complainant that a notice was issued by him to the petitioner, which was duly serv

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