BALJEET SINGH Vs. KULBIR SINGH
HIGH COURT OF JAMMU AND KASHMIR
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DHIRAJ SINGH THAKUR,J. -
(1.)The present petition has been filed under Section 561-A Cr PC against the order dated 02.12.2016, whereby the Court of learned 3rd Additional Munsiff (JMIC) Jammu has taken cognizance on a complaint filed by the respondent/complainant under Section 138 of the Negotiable Instruments Act, 1881 (in short "the Act") read with Section 420 of the RPC.
(2.)Briefly stated, the material facts are as under:-
A complaint was filed by the complainant/respondent herein before the Court below, in which it was alleged that the cheque issued by the petitioner for an amount of Rs.24 lacs given on account of discharge of a liability, which the petitioner herein owed towards the complainant on account of their Stone Crushing business had bounced.
(3.)In the complaint, the complainant had asserted that the cheque was dated 05.07.2016 and was dishonoured by the Bank with the remarks "Payment stopped by drawer" and the same was returned to the petitioner with a memo dated 27.09.2016. It was next asserted in the complaint that a notice was served upon the petitioner, informing him of dishonouring of the cheque and that the complainant should ensure that the requisite amount would be arranged and that the cheque would be presented again. On that premise, the cheque was again presented, but the same was again returned with a memo dated 03.10.2016 with the endorsement "Payment stopped by the drawer."
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