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2018 Supreme(MP) 973

VANDANA KASREKAR
Sachin Dubey – Appellant
Versus
Kishore Sharma – Respondent


Advocates Appeared:
For the Appellant : Raghvendra Singh Raghuvanshi, Learned Counsel.
For the Respondents: Tushar Bhedasgaonkar, Learned Counsel.

JUDGMENT :

Vandana Kasrekar, J.

1. Heard.

This miscellaneous criminal case shall also govern the disposal of connected M.Cr.C. No. 17895/2018 and M.Cr.C. No. 17899/2018.

2. Regard being had to the similitude in the controversy involved in the present cases, the miscellaneous criminal cases were analogously heard and by a common order, they are being disposed of by this Court. For the sake of convenience, the facts are being narrated from M.Cr.C. No. 17894/2018.

3. The petitioner has filed this application under section 482 of Criminal Procedure Code, 1973 for quashment of the proceedings under section 138 of the Negotiable Instruments Act, 1881 before the Judicial Magistrate First Class, Indore by which the JMFC has taken the cognizance of the complaint submitted by the respondent on 19/02/2016.

4. The brief facts of the complaint is that the petitioner and respondent had cordial relations with each other and the petitioner was in requirement of money for his personal and business needs and he, therefore, approached the respondent for loan of Rs. 5.50 lakhs. The said amount has been given by the respondent to the petitioner in cash in the month of October, 2016. When the respondent asked

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