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2005 Supreme(All) 1170

POONAM SRIVASTAVA
GANGA RAM SINGH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
DEV RAJ BOHRA, MUKTAR ALAM

( 1 ) HEARD Sri Dev Raj Advocate for the applicant and Sri Muktar Alam Advocate for the opposite party Nos. 3 and 4 and learned A. G. A. for the State.

( 2 ) THIS application has been tiled challenging the order dated 27-3-1995 passed by the Judicial Magistrate Nagina, District bijnor confirmed in Revision No. 156 of 1995 vide order dated 16-8-1997 by the Additional session Judge, Bijnor. The facts giving rise to the dispute is that the applicants firm m/s. Singh Brothers, Dhampur, District bijnor is a registered firm and deals in the business of Khandsari sugar. The applicant ganga Ram (complainant) is managing partner of the firm. The contesting opposite parties are engaged in manufacturing the crystal less (Boora) and used to purchase sugar from the complainant on credit. It is stated that after the accounts were settled, outstanding amount of rs. 53,000/- was due against the opposite parties. An account payee cheque dated 25-9-1991 was issued for a sum of Rs. 54. 000/- drawn in Canara bank Dhampur Branch, District Bijnor in the name of Singh Brothers. The cheque was dishonoured for paucity of funds. This information was received by the applicant on 24-3-1992. A written notice w







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