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1991 Supreme(P&H) 1109

J.B.GARG
Ramesh Chand – Appellant
Versus
State Of Punjab – Respondent


Judgment

, J.

1. Om Parkash a partner of the firm M/s. Kewal Ram Bhiwani ram, Sirhind, was in need of money and he allegedly obtained a loan of Rs.12,500/- on 27.6.1985 from Bakshish Singh Gill, resident of Kothi No.5, Rajwaha Road, teh, Patiala. On 3.4.1989 Bakshish Singh Gill desired that Om Parkash should return the loan. On the aforesaid demand Om Parkash handed over a cheque of rs.10,000/- on 3.4.1989 but it was dishonoured and on these allegations a complaint was addressed on 3.5.1989 to S. H. O. Police Station Sirhind and a case under section 420 of the Indian Penal Code was registered on 9.5.1989 by Shri Gurmit singh Head Constable at the aforesaid Police Station. Subsequently, Sec.138 of the Negotiable Instruments Act, has also been added and a report under Sec.173 of the Code of Criminal Procedure has been prepared and besides Om parkash other partners such as Ramesh Chand, Megh Raj and Bhiwani Ram are also proposed to be prosecuted. The Judicial Magistrate I Class Fatehgarh Sahib has ordered framing of the charge under Sec.420 of the Indian Penal Code and also under Sec.138 of the Negotiable Instruments Act on 14.5.1991 and aggrieved against it the present petition under


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