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2017 Supreme(MP) 484

G.S.AHLUWALIA
Gokuldas – Appellant
Versus
Atal Bihari – Respondent


Advocates:
S.S. Rajput for applicant;
R.K. Bohare for respondent No.1.
Girdhari Singh Chauhan, Public Prosecutor for respondent No.2/ State

ORDER

1. This application under section 482 of CrPC has been filed against the order dated 12.6.2013 passed by Additional Sessions Judge, Chachoda, District Guna in Criminal Revision No.283/2010 by which the order dated 22.11.2010 passed by JMFC, Chachoda, District Guna in Criminal Case No.689/2010 has been affirmed.

2. The necessary facts for the disposal of the present application in short are that a complaint under section 138 of Negotiable Instruments Act and under section 420 of IPC has been filed by the respondent No.1 against the applicant on the allegation that the applicant was in need of Rs.4,30,000/- and, therefore, the respondent No.1 had given the said amount but the same was not repaid. Accordingly, a cheque dated 26.7.2010 for Rs.4,30,000/- was given by the respondent No.1 to the applicant which stood bounced on the ground that the holder of the account has intimated the bank to stop payment as the said cheque has been stolen. Statutory notice was issued and since the payment was not made, therefore, the complaint under section 138 of Negotiable Instruments Act was filed.

3. It is submitted by the counsel for the applicant that an objection was raised before the Magist




















































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