DINESH MAHESHWARI
Samar Sarmah – Appellant
Versus
Vivek Agarwala – Respondent
Dinesh Maheshwari, J.
The present one is the third petition in this Court under section 482 of the Code of Criminal Procedure ['CrPC'] by the petitioner, who is sought to be proceeded against for the offence under Section 138 of the Negotiable Instruments Act, 1881 [hereinafter referred to as "the NI Act"] in the Court of Chief Judicial Magistrate, West Garo Hills, Tura in C.R. Case No.266 of 2015.
2. Shorn of unnecessary details, relevant aspects of the matter are as follows: The complainant/respondent has filed the complaint case aforesaid under Sections 138/142 of the NI Act while alleging dishonour of two cheques issued by the present petitioner, the particulars whereof are as under :
"(i) Cheque No.892545, dated 26.05.2015 for an amount of Rs.15,00,000/- (Rupees Fifteen Lakhs only) drawn on State Bank of India, Guwahati Branch, Assam.
(ii) Cheque No.125335, dated 02.06.2015, for an amount of Rs.16,50,000/- (Rupees Sixteen Lakhs and Fifty Thousand only) drawn on The Naini Tal Bank Ltd, Gaziabad Branch."
3. The complainant/respondent submitted in his complaint that the aforesaid cheque bearing number 892545 dated 26.05.2015, when presented for collection, was returned unpaid b
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