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1997 Supreme(Raj) 925

AMRESH KUMAR SINGH
Satyavan Chaplot – Appellant
Versus
Rajendra – Respondent


Advocates Appeared:
None present for Petitioner G.R. Kalla for Non-Petitioner

Honble SINGH, J.–Heard and perused the record. This petition under Sec. 482 Cr.P.C. is directed against the order dated 17.2.97 passed by the learned Addl. Chief Judicial Magistrate No. 1, Udaipur in complaint case No. 76/96. By the aforesaid order, the learned Addl. Chief Judicial Magistrate held that the notice served by the non- petitioner under Sec 138 (B) of Negotiable Instrument Act, 1881, is not invalid and he rejected the petitioners prayer for dropping the proceedings instituted against him.

(2). The facts of the case so far as they are necessary for the disposal of this petition may be summarised below.

(3). Non-petitioner Rajendra filed a complaint in the Court of Addl. Chief Judi- cial Magistrate No. 1, Udaipur on 24.6.95. According to the averments made in the complaint, the non- petitioner-complainant carries on the business in Udaipur and deals with automotive and industrial lubricants and petroleum articles. It is alleged that the accused-petitioner purchased certain articles from the non-petitioner-complainant, the particulars of which are given in para No. 2 of the complaint. Three cheques were issued by the accused-petitioner. The first cheque was issued on 25th No











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