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2020 Supreme(All) 757

KAUSHAL JAYENDRA THAKER
Ravi Dixit – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Ajay Dubey

JUDGMENT :

1. Heard Sri Ajay Dubey, learned counsel for the petitioner and learned A.G.A. for the State.

2. By way of this petition, the petitioner has challenged the summoning order dated 3.9.2019. He was supposed to present himself on 30.11.2019.

3. The brief facts as can be culled out from the petition are that a cheque of Rs.5,00,000/- issued on 1.3.2019 and one another cheque of Rs.5,98,000/-issued on 2.3.2019 were dishonoured on 28.5.2019. The complainant sent a notice on 11.6.2019. He did not received any money and, therefore, on 29.6.2019 he filed the compliant under Section 138 of Negotiable Instrument Act, 1881 which was numbered as Complaint Case No. 441 of 2019. The learned Judge after discussing the dates was satisfied that prima facie case is made out for issuance of notice and likewise on 3.9.2019 passed the summoning order.

4. Learned counsel for the petitioner was put to a question as to how the summoning order passed by the Court below is bad. According to his understanding, he conveys to this Court that there is some judgment of Damodar without citing the same. He states that as per the provisions of Section 138 of the Negotiable Instrument Act, 1881 (hereinafter ref

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