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PRADEEP KUMAR SRIVASTAVA
Sunil Kumar Bhagat, S/o Late Sheopujan Bhagat – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. The instant Criminal Revision is directed against judgment of acquittal dated 07.09.2015 passed by learned Additional Sessions Judge-12, Dhanbad in Criminal Appeal No. 78 of 2014, whereby and whereunder, the conviction and sentence of the opposite party No.2 passed by learned trial court for the offence under section 138 of Negotiable Instrument Act has been reversed and set aside and appeal was allowed.
2. Factual matrix of the case is that the petitioner(complainant) entered into an agreement with the opposite party no.2, who was dealing with the business of plastic materials to supply quality goods and thereby advanced Rs.90,000/- in the month of September, 2007 but the opposite party No.2 did not supply the materials as agreed between the parties and upon persistent demand of the advance money, the opposite party No.2 issued two cheques bearing No.310525 dated 07.12.2007 of Rs.45,000/- and another cheque bearing No.310524 dated 18.10.2007 of Rs.45,000/- respectively. It is further alleged that the complainant presented the said cheque bearing No.310525 which was returned with remark of “insufficient fund” by the banker under memo of notice dated 18.10.2007 and 07.12
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Negotiable instrument - Notice - Cause of action for filing a complaint case under Section 138 of the N.I. Act could not arise prior to expiry of 15 days from the date of service of legal notice on t....
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