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2019 Supreme(MP) 439

G.S.AHLUWALIA
Shastri Builders – Appellant
Versus
Peetambara Elivators – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Anil Kumar Mishra, Gaurav Mishra.

JUDGMENT :

G.S. AHLUWALIA, J.

1. This application under section 482 of Criminal Procedure Code has been filed for quashing the order dated 7-1-2015 passed by the trial Court, thereby taking cognizance of offence against the applicant under section 138 of the Negotiable Instruments Act.

2. It is submitted by the counsel for the applicant that the respondent has filed a complaint under section 138 of the Negotiable Instruments Act on the allegation that the applicant had issued a cheque no. 14948 amounting to Rs. 32,37,800/- which stood bounced, and in spite of the statutory notice given by the respondent, the applicant has not repaid the cheque amount.

3. It appears that the trial Court after considering the allegations made in the complaint as well as considering the affidavit and the documents filed along with the complaint, took cognizance of the offence under section 138 of the Negotiable Instruments Act by order dated 7-1-2015.

4. Challenging the order of the trial Court, it is submitted by the counsel for the applicant that one blank signed cheque belonging to the applicant was misplaced in the year 2010 and accordingly, on 15-12-2010 a police complaint was made. Later on, on 6-3-2

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