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2015 Supreme(MP) 1053

N.K.GUPTA
Mahinder Singh Bhasin – Appellant
Versus
Ssangyong Engineering and Construction Co. Ltd. – Respondent


Advocates Appeared:
For the Appellant : Bramhadatt Singh.
For the Respondents:Anoop Nair, Advocates.

ORDER :

N.K. GUPTA, J.

1. This order shall govern the disposal of present matter as well as M.Cr.Cs.No. 2234/2010, 2235/2010, 3827/2010, 3828/2010, 3830/2010, 3842/2010, 3845/2010, 3853/2010, 3866/2010, 3870/2010, 3874/2010, 3876/2010, 3886/2010, 3995/2010, 6887/2010, 6888/2010, 6919/2010, 6920/2010, 6921/2010, 6922/2010, 12346/2010, 11785/2012, 11788/2012, 11789/2012, 11792/2012 and 11794/2012 because facts of such cases are same. However, in the present order facts of the present matter are mentioned.

2. The applicant has preferred the present petition under Section 482 of the Cr.P.C. to quash the proceedings of complaint case No. 2382/2009 pending before JMFC, Narsinghpur for offence under Section 138 of Negotiable Instruments Act (in short "NI Act").

3. The facts of the case, in short, are that, the applicant gave a cheque of Rs. 5 Lacs to the respondent company. Cheque was presented before the concerned bank on 15.6.2009 but, it was dishonoured because the applicant had given instructions to the concerned bank to stop the payment. A demand notice was given on 3.7.2009 and payment could not be received, thereafter, a criminal complaint was lodged before CJM, Narsinghpur, which was






















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