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1994 Supreme(P&H) 677

V.K.JHANJI
Gulshan Rai – Appellant
Versus
Darshan Lal – Respondent


Judgment

V. K. Jhanji, J.

1. The present petition under Sec.482, Criminal Procedure Code, has been filed by the petitioner for quashing complaint dated 18.7.1990, order of summoning dated 3.8.1990 of Addi. Chief Judicial Magistrate and also against order dated 5.7.1991 of the Additional Sessions Judge, Kurukshetra, whereby his revision petition against the aforesaid order of summoning was dismissed. Complaint dated 18.7.1990 was filed under sec. 138 of the Negotiable Instruments Act, 181 (in short, the Act ).

2. As per averments made in the petition, the petitioner issued a cheque of Rs.5000.00 dated 15.2.1990 drawn on Bareli Corporation Bank Limited, Karol Bagh, New Delhi, towards part payment for the purpose of Basmati rice. The cheque was presented to the State Bank of India, Ambala City by the respondent, which was returned on 10.4.1990 by the Bank with the endorsement Referred to drawer. After the cheque was dishonoured, petitioner did not issue any notice within first 15 days from the date of information from the bank regarding dishonour of the cheque as unpaid. He again presented the cheque on 29.5.1990, but was again dishonoured. It was only thereafter that respondent issued



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