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2024 Supreme(Online)(MP) 26692

HIGH COURT OF MADHYA PRADESH
Vaseem Patel – Appellant
Versus
Sayyad Nasir Uddin – Respondent


Advocates:
Pavan Kumar Saxena,

ORDER

This application under section 482 of CrPC has been filed against the order dated 23.4.2019 passed by JMFC, Bhopal in Criminal Case No.5957/2019 and order dated 2.1.2023 passed by the Additional Sessions Judge, Special Court No.2, Electricity Act, Bhopal in Criminal Revision No.592/2022, by which the cognizance 2 M.Cr.C.No.5942/2023 of offence under section 138 of Negotiable Instruments Act has been taken.

2. It is submitted by counsel for applicant that the cheque in question was not issued in discharge of legally recoverable debt. The entries were filled up by the complainant. The cheque was valid only up to the amount of Rs.10 Lacs but an amount of Rs.1 Crore was filled up. The date was also filled up at a later stage to make it within the period of limitation and thus, the Court below should not have taken cognizance of the complaint.

3. Considered the counsel for applicant.

4. The primary argument of counsel for applicant is that all other entries on the cheque in question are not in the handwriting of the applicant. The applicant has not disputed his signatures on the cheque in question. Once an empty signed cheque is given by the



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