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2022 Supreme(Jhk) 791

SANJAY KUMAR DWIVEDI
Md. Rais Ansari – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Manoj Kumar Choubey, Advocate
For the Opposite Party :Mr. Shadab Eqbal, Advocate, Mrs. Nehala Sharmin, Advocate

JUDGMENT :

1. Heard Mr. Manoj Kumar Choubey, the learned counsel appearing for the petitioner, Mr. Shabad Eqbal, the learned counsel appearing on behalf of the O.P.No.2 and Mr. Ashok Kumar and Mrs. Nehala Sharmin, the learned counsel appearing on behalf of the respondent State in respective cases.

2. In these two petitions, question of facts and law are involved and that is why both the petitions have been heard together with the consent of the parties. Since two cheques were issued by the O.P.No.2, that is why two complaint cases have been filed which is the subject matter in these petitions.

3. These petitions have been filed for quashing the order taking cognizance dated 03.11.2017 in connection with Complaint Case No.3389/2017 in Cr.M.P.No.4227/2018 and Complaint Case No.3390/2017 in Cr.M.P. No.4257 of 2018 whereby cognizance under section 138 of Negotiable Instruments Act has been taken against the petitioner in both the cases. The cognizance order in both the cases is same.

4. The complaint case was filed by the O.P.No.2 stating therein that, the accused in order to discharge his liability had issued an account payee cheque to the complainant being cheque no.006048 dated 27.07.20

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