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2022 Supreme(P&H) 2137

N. S. SHEKHAWAT
Davinder Kumar – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
Ms. Kanika Ahuja, Advocate, for the Appellant; Mr. Amrik Narwal, DAG, Haryana., for the Respondent.

JUDGMENT

N.S.Shekhawat, J. (Oral) - The petitioner has filed the instant petition under Section 482 Cr.P.C. with a prayer to quash the FIR No.280 dated 17.02.2020, registered at Police Station, Baldev Nagar, District Ambala (Annexure P2) along with all other consequential proceedings arising therefrom.

2.Learned counsel for the petitioner submits that a complaint under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the 'Act') was filed against the petitioner by the IndusInd Bank Ltd. through its power of attorney in the Court of learned Judicial Magistrate, 1st Class, Kurukshetra. The complainant was examined during the course of preliminary evidence and the process was issued against the petitioner by the learned Court vide order dated 23.12.2014. The petitioner appeared before the learned Court at Kurukshetra and was ordered to be released on bail. However, later on in view of the amendment in the 'Act' regarding the jurisdiction for filing such cases, the complaint was ordered to be transferred from Kurukshetra to District Ambala. The petitioner did not receive any notice from the Court of Ld. Magistrate at Ambala. Since the notices had not been sent at

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