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2023 Supreme(All) 1373

JYOTSNA SHARMA
Prashant Chaudhary – Appellant
Versus
Ritesh Kumar Singh – Respondent


Advocates Appeared:
For the Petitioner: Saroj Kumar Yadav.
For the Respondent: Gyanendra Prakash Srivastava.

JUDGMENT :

1. Heard Sri Saroj Kumar Yadav, learned counsel for the petitioner, Sri Chandan Kumar Mishra, Advocate holding brief for Sri Gyanendra Prakash Srivastava, learned counsel for the respondent.

2. By means of this petition, the petitioner has challenged the order dated 10.12.2020 passed by the Court of Metropolitan Magistrate, Kanpur Nagar in complaint case no. 82 of 2020 (Ritesh Kumar Singh vs. Panki Indane Gas Service through Prashant Chaudhary) filed under section 138 of the Negotiable Instruments Act, 1881, whereby the petitioner was summoned to face trial for an offence under section 138 of the Negotiable Instruments Act and also the order dated 20.01.2023 passed in Criminal Revision No. 29 of 2023 (Panki Indane Gas Service through Prashant Chaudhary vs. Ritesh Kumar Singh and Another), whereby the order of the trial court was affirmed.

3. The relevant facts are as below:-

    The respondent-Ritesh Kumar Singh filed a complaint under section 138 read with section 142 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "the N.I. Act"), with the allegation that during business transactions between the two sides, an amount of Rs.12,50,000/- became due on him. As p

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