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2006 Supreme(All) 3192

VINOD PRASAD
RAM AVTAR GUPTA – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates appeared:
Vijai Kumar Ojha for the Revisionist; A.G.A. for the Opposite Parties.

JUDGMENT

Honble Vinod Prasad, J.—The revisionist was tried by C.J.M. Rampur in Crl. Appeal No. 05 of 2006, Ram Avtar v. Preetam Singh and another, under Section 138 of the Negotiable Instruments Act, 1981, P.S. Civil Lines, District Rampur.

2. The complaint-allegations against the revisionist as were levelled by Preetam Singh Badhwa were that the revisionist had taken a loan of a total amount of Rs. 2,80,000/- from the complainant on various dates 22-11-1999, 26-11-1999 and 30-11-2000. On the demand being made for return of the said loan amount, the accused issued an account payee cheque No. 090667 dated 5-2-2002 of Punjab and Sindh Bank, Bheet, Rampur on 1-3-2002 at 9.00 a.m. at the house of the complainant of an amount of Rs. 1,80,000/- which was deposited on the same day by the complainant in his account in the same Bank for encashment. However, the said cheque was dishonoured by the bank on 5-3-2002 because it exceed arrangement. Since the cheque amount remained unpaid, a notice as is contemplated under Section 138 of the N.I. Act was sent by the complainant to the revisionist on 15-3-2002. The complainant also sent another notice on 18-3-2002 to the revisionist through registere










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