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2006 Supreme(MP) 879

S.C.SINHO
Balkrishna Maheshwari – Appellant
Versus
Meena @ Chaman Jain – Respondent


Advocates:
Greeshm Jain for applicant.

ORDER

1. This petition under section 482 CrPC is filed by petitioner for quashing the order dated 6.5.2003 passed in Complaint Case No. 434/03 pending in the Court of Additional Chief Judicial Magistrate, Jabalpur regarding registration of the complaint under section 138 of Negotiable Instruments Act.

2. A complaint has been filed by respondent alleging that petitioner had issued the cheque amounting to Rs. 5 lacs vide Cheque No. 457860 dated 27.7.2002 of State Bank of India Branch Miloniganj, Jabalpur in favour of respondent. The said cheque was deposited by respondent in her bank account i.e. Andhra Bank, Jabalpur on 30.7.2002 which was returned unpaid by the Drawee Bank with instruction of stop payment. Then, again the respondent has submitted cheque in her Bank on 7.1.2003 and it was again returned on 8.1.2003. Being dissatisfied of this act, the respondent had issued legal notice on 5.2.2003 by registered post A.D. which was received by petitioner on 7.2.2003. The cheque was dishonoured and inspite of notice being served, when no payment was made to her she had filed complaint before the Additional Chief Judicial Magistrate and after her statement learned Court vide or














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