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2003 Supreme(J&K) 106

S.K.GUPTA
Sanji Ram – Appellant
Versus
Nand Kishore Mehta – Respondent


Advocates Appeared:
Advocate For Appellant: B.B. Kotwal
Advocate For Respondent: Sunil Sethi

S.K. Gupta, J.

1. This revision is directed against the order dated 31.1.2001 formulated by District Judicial Mobile Magistrate, Kathua, whereby proceedings initiated against the accused respondent in a complaint under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the Act) has been dropped and complaint dismissed. A brief narration of the facts for the purpose of this revision may be noticed.

2. The respondent issued a cheque in favour of the petitioner for an amount of Rs. 20,000 drawn at Punjab National Bank Branch, Kathua in discharge of his debt liability. The cheque, when presented by the petitioner to the Bank, was returned uncashed with an endorsement insufficient funds. The petitioner-complainant served a legal notice dated 4.5.2000 upon the respondent in terms of Section 138 of the Act intimating about the dishonour of the cheque and demanding of payment of cheque amount alongwith interest @ 24% per annum within 15 days of the receipt of the notice. The respondent having failed to discharge the liability by making the demanded cheque amount occasioned a cause of action to the petitioner-complainant to commence a complaint under Section 138 of t


















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