Kulbir Singh Chhabra vs State of Rajasthan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Raj) 1190

KULDEEP MATHUR
Kulbir Singh Chhabra – Appellant
Versus
State of Rajasthan – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Khet Singh Rajpurohit.
For the Respondents: Mr. Mukhtiyar Khan, PP.

ORDER :

Mr. Kuldeep Mathur, J. - By way of filing the present criminal misc. petition, the petitioner has prayed for following reliefs-:

"It is, therefore, most humbly and respectfully prayed on behalf of petitioner that this criminal misc. petition may kindly be allowed and order dated 21.01.2021 passed by learned Special Judicial Magistrate (N.I. Act Cases) No.2, Udaipur in complaint case No.7666/2014; Kulbir Singh Chhabra v. Vinay Dagliya, may kindly be quashed and set aside and consequent thereto, the application filed by the petitioner under Section 65 of the Evidence Act may kindly be accepted. Any other appropriate order or direction which may be deemed just and proper in the facts and circumstances of the case may be passed in favour of the petitioner."

2. Succinctly stated, facts of the present case are that the respondent No.2 had issued two cheques having No.000051 and No.000052 for the repayment of the loan of Rs. 20, 00, 000/- to the petitioner which was returned from the bank on 12.08.2009 with the endorsement- 'funds insufficient'. In pursuance of the same the petitioner served a mandatory notice dated 05.09.2009 through his counsel and received the acknowledgement on