IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE G. S. AHLUWALIA th ON THE 6 OF DECEMBER, 2024 MISC. CRIMINAL CASE No. 28446 of 2024 DEVENDRA PRAJAPATI Versus SACHIN DIXIT Appearance:

Shri Vipin Babu Sharma- Advocate for applicant.

Shri Arvind Singh- Advocate for respondent.

ORDER This application, under Section 482 of Cr.P.C., has been filed against order dated 01.09.2023 passed by III Additional Sessions Judge, Ganjbasoda, District Vidisha (M.P.) in Criminal Revision No.10/2023 by which order dated 10.12.2022 passed by JMFC, Ganjbasoda in UN.CR. No.81/2021 has been set aside and the dismissal of the complaint filed under Section 138 of Negotiable Instruments Act (for brevity “NI Act”) has been set aside.

2. Necessary facts, for disposal of the present application, in short, are that respondent has filed a complaint under Section 138 of Negotiable Instruments Act on the ground that applicant had given a Cheque No.022563 dated 23.11.2019 for an amount of Rs.1,50,000/-. The said cheque was presented which was returned back by the Bank on 09.01.2020. Accordingly, first notice under Section 138 of NI Act was issued on 21.01.2020 which was returned back on 28.01.2