Arvind Bhai Selarka v. Dilip Gogad and Another

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2003 Supreme(Online)(Chh) 7

CHHATTISGARH HIGH COURT
Not Mentioned, J
Arvind Bhai Selarka v. Dilip Gogad and Another

Table of Content
1. complaint arises from dishonoured cheque. (Para 2 , 3)
2. arguments on notice service and maintainability of complaint. (Para 4 , 6)
3. court emphasizes liberal interpretation to protect payees. (Para 7 , 8 , 9)
4. final ruling affirms previous orders without illegality. (Para 11 , 12)

1. Heard.

2. This revision under S.482, Cr.P.C. has been filed against the order dated 15-6-2002 passed by the First Additional Sessions Judge, Durg in Criminal Revision No. 84/2002 whereby the order dated 23-11-2001 passed by the Judicial Magistrate, Class I, Durg has been affirmed.

3. The appellant is facing prosecution under S.138 of Negotiable Instrument Act . The allegation against him is that he has issued a crossed cheque in favour of the complainant and the said cheque was sent to the Bank where on presentation, it was dishonoured on the ground that sufficient funds are not available. Notice was sent on 8-4-1999 and it was returned refused on 12-4-1999 and thereafter the complaint has been filed.

4. Learned counsel for the applicant submits that since the notice was not served, the complaint is not maintainable. The objection was raised regarding registration of the case on the g

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