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2003 Supreme(All) 596

K.N.SINHA
Anil Kumar Singh – Appellant
Versus
Kanak Prabha Dutta – Respondent


Advocates Appeared:
GOPAL S.CHATURVEDI, I.K.Chaturvedi, Ram Milan Dwivedi, Ramesh Singh,

( 1 ) THE present revisions arise out of the order dated 17-11-2001 passed in different revisions. The matter in controversy and the law points involved are common hence both the revisions are being decided by the common order.

( 2 ) THE brief facts relating to Criminal Revision No. 658 of 2001 are that Smt. Kanak Prabha Dutta opposite party No. 1 filed a complaint under Ss. 138/141 of the N. I. Act Police Station George Town, Allahabad, on the ground that the revisionist-Anil Kumar Singh and opposite parties Nos. 3 to 6 were the partners of the firm opposite party No. 2, Sri P. N. Singh opposite party No. 3 took Rs. 1,00000. 00 (one lac) from Kanak Prabha Dutta with a promise to return the same on 30-6-1997. On the said date cheque number 097603 was issued by opposite party No. 3, which was presented to the Bank on the same day but the Bank informed on 3-7-1997 that it cannot be paid on account of shortage of money in the said account. The opposite party No. 2 Smt. Kanak Prabha issued a notice which was served on opposite party Nos. 2 to 6 on 16-6-1997 and demanded Rs. 1,00000. 00 (one lac) which was not paid hence the complaint was filed.

( 3 ) THE facts of Criminal Revision No.






























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