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2023 Supreme(P&H) 673

ARUN MONGA
Rameshwar Dass – Appellant
Versus
Kakrala Trading Co – Respondent


Advocates appeared:
Mr. Jagdish Manchanda, Advocate, For the petitioner.
Ms. Palak Jain, Advocate for Mr. C.B. Kaushik, Advocate for the respondents.

ARUN MONGA, J.

Petitioner/complainant seeks quashing of two orders i.e. first dated 31.07.2012 (Annexure P-4), passed by the learned Judicial Magistrate First Class, Guhla, dismissing an application for correction/amendment in the complaint; second order dated 11.07.2014 (Annexure P-5) passed by learned revisional court, upholding the first.

2. Briefly outlining the case, petitioner lodged a complaint against respondents No.1 to 3 under Section 138 of the Negotiable Instruments Act. It was stated that respondents no. 2 and 3 borrowed Rs. 3,10,000/- in cash from the petitioner for business purposes, promising to repay the amount in November 2010. Respondent No.2 issued two cheques, bearing No. 953525 and No. 953526, dated 10.11.2010 and 30.11.2010, respectively, from respondent No.1's account. These cheques, drawn on Oriental Bank of Commerce, Cheeka, were dishonored due to insufficient funds. Respondents No.2 and 3 are partners of respondent No.1, thus responsible for its business dealings. Despite sending a statutory notice, the petitioner's complaints under Section 138 of the Negotiable Instruments Act were not addressed.

3. The petitioner moved an application for correction/amendme

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