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2024 Supreme(UK) 316

RAKESH THAPLIYAL
Padma Sharma – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Siddhartha Singh, learned counsel
For the Respondent:Mr. V.K. Gemini, learned Deputy Advocate General along with Mr. Sandeep Sharma, learned Brief Holder

JUDGMENT :

Rakesh Thapliyal, J.

1. In all these C482 petitions, identical issues are involved, and, therefore, all are being decided by a common order.

2. In all the cases, separate complaints were filed by the respondent under section 138 of the Negotiable Instruments Act, pending in the court of Addl. Chief Judicial Magistrate/1st Addl. Civil Judge, (Sr. Div.), Haridwar. In these complaints, process were initiated and the applicants were summoned and now the proceeding of each of the complaint case has been challenged in these C482 applications on the ground that the notices issued to the applicants does not contain raising of demand, and, as such, the same does not fulfil the requirement of Section 138 of N.I. Act which invalidates the entire proceedings.

3. It is submitted by the learned counsel for the applicants that the allegations made in the complaint or the statement of the witnesses recorded in support of the same, taken as their face value make out absolutely no case against the applicants/accused and the complaint also does not disclose the essential ingredients of the offence which is alleged against the accused. The main contention of the learned counsel for the applican

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