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2004 Supreme(All) 1889

AMAR SARAN
Chaman Lal, Ghissa Ram – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates Appeared:
V.M.Zaidi,

AMAR SARAN, J.

( 1 ) HEARD learned counsel for the applicant and the learned AGA.

( 2 ) THIS application under Section 482 Cr. P. C. has been filed for quashing criminal proceedings arising out of Complaint Case No. 1976/9 of 1991 under Sections 420 and 506 IPC pending in the court of CJM, Muzaffarnagar.

( 3 ) THE allegations in the case were that the applicant had made an agreement with the complainant to supply him stones, which he had no intention to pay for and, consequently, the applicant had given them a cheque of Rs. 50,000/- while only a balance of Rs. 300/- was there in his account, which showed the applicants dishonest intention. The said cheque had bounced and, thus, the applicant was said to have committed offence under Section 138 Negotiable instruments Act and also under Sections 420 and 506 IPC. The complaint was filed on 20. 6. 1991. The CJM, Muzaffarnagar passed an order on 30. 7. 1991, summoning the applicant under Sections 420, 506 IPC and 138 Negotiable Instruments Act (for short, NI Act ). This order was challenged in a criminal revision No. 115 of 1992, in which an order was passed by the learned III Addl. Sessions Judge, Muzaffarnagar on 20. 12. 1992, holding








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