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2004 Supreme(MP) 971

S.L.JAIN
Santosh Kumar – Appellant
Versus
Amit Sirvaiya – Respondent


Advocates Appeared:
Pradeep Naveriya, R.S.Verma, Sanjay Soni,

Judgment

( 1. ) APPLICANTS have filed this petition under Section 482 of the Cr. PC for quashing the order dated 16-2-2004 passed by Sessions Judge, Tikamgarh, in Criminal Revision No. 111/2003 maintaining the order dated 24-4-2003, passed by Chief Judicial Magistrate, Tikamgarh in Criminal Case No. 658/2002. ( 2. ) NON-APPLICANT Amit Sirvaiya filed a complaint under Section 138 of the Negotiable Instrument Act (henceforth the Act) before Chief Judicial Magistrate, Tikamgarh alleging inter alia that the petitioners issued different forged cheques on different dates which were dishonoured and returned by the bank unpaid because the amount of money standing to the credit of the petitioner account was insufficient to honour the cheque.

( 3. ) RESPONDENT/complainant served notice to the petitioners informing them that the cheques issued have been dishonoured due to insufficiency of funds. Notice was replied by the petitioners denying all the allegations made in the notice. They also stated that no cheque was issued by them to the respondent.

( 4. ) IT was stated by the applicants in their aforesaid reply that the alleged cheques are the cheques of account of firm M/s Fresh Enterprises in










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