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2022 Supreme(MP) 531

SUNITA YADAV
MAHESH SINGH JADON – Appellant
Versus
RADHA SHARAN DUBEY – Respondent


ORDER : – The present petition under section 482 of Criminal Procedure Code has been filed seeking quashment of the cognizance order dated 14-11-2019 and further proceedings pending before Judicial Magistrate, First Class, Gwalior (M. P.) in case No. 2592/2019 (Private Complaint), arising out of private complaint made under section 138 of Negotiable Instrument Act, 1981.

2. The necessary facts for disposal of the present petition in short are that the petitioner is an accused under the proceedings initiated under section 138 of Negotiable Instrument Act pending in the Court of Judicial Magistrate, First Class, Gwalior (M. P.). As per the case of the complainant, a loan of Rs. 11 lakhs has been taken in November, 2018 by the petitioner from the respondent/ complainant. When the respondent/complainant asked to return of amount of Rs. 11 lakhs, then the petitioner/accused provided Rs. 11 lakh through Shri Rajendra Shukla s/o Shri Rameshwar Das Shukla to the complainant on 25-3-2019. After passing of two months, the respondent/complainant asked to return the money from the petitioner/accused, then the petitioner/accused gave of cheque of State of Bank of India, Branch A.D.B. Joura, Dis

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