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2010 Supreme(UK) 223

PRAFULLA C.PANT
S. C. MATHUR – Appellant
Versus
STATE OF UTTARANCHAL – Respondent


Advocates:
For the Petitioner:Mr. Ramji Srivastava, Advocate
For the Respondent No. 1: Mrs. Mamta Bisht, A.G.A.

JUDGMENT

By means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.), the petitioner has sought quashing of the proceedings of Criminal Complaint Case No. 1095 of 2004; Deepak Sharma Vs. S.C. Mathur and another, relating to offence punishable under Section 138 of the Negotiable Instruments Act, 1881, pending in the court of Judicial Magistrate First, Dehradun.

2. Heard learned counsel for the parties.

3. Brief facts of the case are that the respondent No. 2/complainant filed Criminal Complaint Case No. 581 of 2001 (new No. 1095 of 2004) before the Chief Judicial Magistrate, Dehradun alleging that he had given loan to the petitioner S.C. Mathur amounting to Rs. 1,50,000/- in December 2000. In repayment thereof, the petitioner gave cheque No. 770111 dated 15.01.2001, drawn on Punjab National Bank, Branch Wellham Girls High School Extension Counter, E.C. Road, Dehradun. When said cheque was presented by the complainant (respondent No. 2) in said Bank it got dishonoured with the endorsement ‘Account Number Required’. The complainant has pleaded that he served a notice on the petitioner in February 2001, and again presente




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