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2022 Supreme(MP) 570

DINESH KUMAR PALIWAL
ANIL KUMAR LOHADIYA – Appellant
Versus
RAMLAL (deceased) thr. L. Rs. MITHILA wd/o RAMLAL GUPTA and other – Respondent


ORDER DINESH KUMAR PALIWAL, J. : – This petition under section 482 of the Criminal Procedure Code has been filed by the petitioner/accused for quashment of the criminal complaint bearing Case No. 1952/2014, Ramlal Gupta (deceased through LRs) vs. Anil Kumar Lohadiya under section 138 of the Negotiable Instruments Act (hereinafter referred to as the “NI Act”), pending before the Chief Judicial Magistrate, Rewa.

2. According to the facts of the case, Ramlal Gupta filed a complaint in his lifetime before the CJM, Rewa alleging that complainant and accused knew each other personally for the last 10 years. Complainant had worked with the Navbharat Buildcon Private Limited Construction Company and for that work petitioner/accused had issued Cheque No. 560033 dated 10-1-2014 of an amount of Rs. 3,40,000/- of State Bank of India, Bhopal in favour of complainant. When he deposited that cheque in his bank account of Canara Bank, Rewa on 12-2-2014 and 3-4-2014, same stood dishonored due to insufficient fund in the account of accused. Thereafter, a statutory notice was given to the accused on 9-4-2014 which was served on him on 23-4-2014. Despite service of notice accused did not made the paym

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