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RAKESH RANJAN PRASAD
Moirangthem Hemanta Singh – Appellant
Versus
Ningthoujam Biren Singh – Respondent


Advocates Appeared:
For the Appellant :Mr. N. Surendrajit, Advocate
For the Respondent:Mr. H. Ishwarlal, Advocate

ORDER :

Rakesh Ranjan, J.

Heard Mr. N. Surendrajit, learned counsel appearing for the petitioner and Mr. H. Iswarlal, learned counsel appearing for the respondent complainant.

2. This criminal petition filed under Section 482 of the Criminal Procedure Code is directed against the order dated 23.2.2015 passed in Cril (C) Case No.35 of 2015 whereby and where-under the Incharge Chief Judicial Magistrate, Imphal West, took cognizance of the offence punishable under Section 138 of the Negotiable Instruments Act after recording that prima facie case is made out under Section 138 of the N.I. Act.

3. That order dated 23.2.2015 is under challenge.

4. Learned counsel appearing for the accused petitioner submits that whatever transaction took place, it took place in between the complainant and Mr. M. Biren Singh the younger brother of the petitioner and thereby the amount was given through Cheque by the complainant to the said M. Biren Singh. However, it has also been alleged that the petitioner, in discharge of the said debt had given the Cheque of Rs.12 to the complainant which got dishonoured when it was deposited by the complainant. But the fact remains that transaction had taken place in betw











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