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2018 Supreme(Jhk) 587

APARESH KUMAR SINGH, RATNAKER BHENGRA
Sanjay Kumar Jain, S/o Shri Rajkumar Jain – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: Anil Kr. Sinha
For the Opposite-Party : Sandeep Verma & Sumit Kumar

JUDGMENT :

1. Heard learned counsel for the parties.

2. Petitioner seeks special leave to appeal against the impugned judgment dated 08.05.2015, passed in Complaint Case No. 2480 of 2009/T.R. No. 143 of 2015, by the learned court of Judicial Magistrate, 1st Class, Ranchi, whereunder, the accused persons/opposite party nos. 2 and 3 have been acquitted of the charges under section 138 of the Negotiable Instruments Act.

3. As per the case of the complainant, accused had purchased Nokia Mobile Handsets from the complainant and paid price by issuing cheque of Rs. 6,13,675/- dated 23.09.2009, drawn on State Bank of India, S.N. Ganguly Road, Main Road, Ranchi Branch. On being presented, the cheque was returned with the memo ‘debit to an NPA A/c’. On 06.10.2009, complainant sent legal notice to the accused on his residential address demanding payment within 15 days from the date of the receipt of the notice, but, after receipt of the notice also, the amount remained unpaid. Therefore, the case was filed.

4. After solemn affirmation of the complainant and on enquiry, on the basis of a prima facie case being made out, summons were issued on the accused persons on 23.11.2009. Pursuant to that, th































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