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2001 Supreme(Ori) 117

P.K.TRIPATHY
PRADYUT KUMAR MOHANTY – Appellant
Versus
DILIP SINGH MEHETA – Respondent


Advocates Appeared:
BISVAJIT MOHANTY, D.P.Dhal, M.K.DAS, P.K.BEHERA

P. V. TRIPATHY, J.

( 1 ) LEARNED counsel for the opposite party files the certified copy of the complaint, initial statement and the order-sheets in ICC No. 66 of 1999 of the Court of SDJM, Panposh at Uditnagar, Rourkela.

( 2 ) HEARD further argument and the application u/s. 482, Cr. P. C. is disposed of in the following manner at the stage of hearing on admission.

( 3 ) THE undisputed fact is that petitioner is the accused No. 2 and opposite party is the complainant in ICC No. 66 of 1999. The complainant instituted the said proceeding with the allegation of commission of the offence u/s. 138, Negotiable Instruments Act, 1881 (in short the 'act') by the petitioner with respect to two cheques totally amounting to Rs. 2,80,000/- (Two lakhs and eighty thousand ). According to the averment in the complaint and the initial statement of the complainant the said two cheques issued by the accused No. 2 on behalf the Company i. e. accused No. 1 were presented for payment in the concerned bank on 4-3-1999 i. e. within the period of validity of the cheques. On 18-3-1999 the complainant got the message from the Bank relating bouncing of the cheques on the ground that the accused had instruct





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