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2019 Supreme(MP) 311

SHEEL NAGU
Ramniwas Pathak – Appellant
Versus
Ramjilal Lodhi – Respondent


Advocates:
Jitendra Sharma for petitioner.

ORDER

1. Revisional powers of this Court under section 397 read with section 401, CrPC are invoked assailing the revisional order dated 3.9.2014 passed by ASJ, Picchore, District Shivpuri allowing revision of the accused/respondent herein and in the process, setting aside the order of taking cognizance of an offence u/s. 138 of Negotiable Instruments Act, 1881 (for brevity’ ‘1881 Act') passed by the trial Court on 19.2.2014.

2. Learned counsel for the petitioner is heard on the question of admission and final disposal.

3. The moot question which begs for an answer herein is as to whether in the absence of any subsequent presentation and dishonour of the cheque which has been dishonoured once, is the complaint filed by the complainant after expiry of statutory period of one month u/s. 142 (b) of the 1881 Act, be entertainable based on the plea of complainant that on sending further notices to the accused, assurances were extended by the accused of paying the debt in question.

4. The skeleton facts necessary for disposal of this petition are detailed below in a chronological manner

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