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2022 Supreme(MP) 1258

RAJENDRA KUMAR VERMA
Dilip S/o Late Nandkishore Tiwari – Appellant
Versus
Savendrasingh S/o Ravirajsingh – Respondent


Advocates Appeared:
Shri. Vishal Baheti, for the Appellant.

ORDER

1. The petitioner has filed the present petition under Section 482 of Cr.P.C. for quashment of order dated 11.09.2019 passed by learned Additional Sessions Judge (Special Judge Electricity Act), Indore in CRR No. 123/2019 whereby the order dated 23.01.2019 passed in Criminal Case No.28538/2015 passed by JMFC, Indore has been affirmed the order of the learned trial Court allowing the application under Section 254(2) of Cr.P.C., hence, the present petition before this Court.

2. Facts of the case are that the petitioner advanced a long to the respondent to the tune of Rs.15lacs and through cheque bearing no.772239 dated 30.04.2012. As per the agreement, the respondent also agreed to pay interest of Rs.5,40,000/- to the petitioner. Thereafter, a partial payment was made to the petitioner for discharge of liability and cheque no.500003 dated 25.05.2015 for Rs.17,77,000/- was issued by the respondent and on being presented, the same was dishonored. Thereafter, the petitioner sent a legal notice to the respondent and filed a case under the provisions of Section 138 of N.I. Act. Thereafter, at the stage of defense of respondent, he filed an application under Section 254(2) of Cr.P.C. i

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