The High Court dismissed the petitioner's petition under Section 482 CrPC, made by the accused in a cheque bounce case, as the petitioner had withdrawn the petition with liberty to raise grounds before the trial court.
Petition dismissed as withdrawn with liberty to raise grounds before the trial court.
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HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP 2/2011
PETITIONER/ ACCUSED
f Ravishankar Gupta, aged 52 years, S/o Lakhanlal Gupta, ‘R/o Gandhi ‘Road Chowk Main Korba, Police Statior’rCity Kotwali Korba, District ‘ Korba (C.G.).
VERSUS
”\a: L
REPONDENT / NONAPPLICANT
I.C.I.C.I Bank Limited Sangrahan ’ Prabandhak through Navneet Shastri, Aged 32 years S/o B.N. Shastri Sangrahan Prabandhak, I.C.I.C.I. Bank Limited Vypar Vihar in front of Ashish Automobile, Tarbahar, Bilasurp District Bilaspur (C.G.).
PETITION UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE 1973 (SB:Hon’bleMr.T.P.Sharma,J.)
i
Presentl— Shri S.V. Purohit, Advocate for the petitioner. Respondent not noticed.
ORAL- ORDER (Passedon . 07/01/2011)
Heard.
By filing application for dismissal of complaint on the ground that notice as required under Section 138 of the Negotiable Instruments
Act has not only received by the petitioner but has been returned to the complainant*before f11ing the complaint therefore, the complaint under Section 138 of the Negotiable Instruments Act is not maintainable.
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Vt.
Consequently, petition is dismissed as withdrawn with aforesaid
liberty.
Sd/— T.P. Sharma Judge
1 issue framed by the court
Whether the petition under Section 482CrPC challenging the dismissal of a complaint under Section 138 of the Negotiable Instruments Act should be allowed.
2 provisions across 2 enactments
Ravishankar Gupta
I.C.I.C.I Bank Limited
T.P. Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
