NARENDAR KUMAR Vs. RAHUL BORA
HIGH COURT OF UTTARAKHAND
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(1.) By means of this petition, prayer has been made
to quash the order of cognizance dated 11.1.2008, passed
by the Chief Judicial Magistrate, Almora, and the entire
proceedings of Criminal Complaint Case No. 998 of 2007,
Rahul Bora v. Narendar Kumar, under Section 138 of the
Negotiable Instruments Act (for short, 'the Act').
(2.) It is pertinent to mention that none turned on
behalf of the private respondent despite personal service
upon him. Hence, this Court extended hearing to Mr.
Ganesh Kandpal, learned Counsel for the accused
(3.) It transpires that the accused applicant Narendar
Kumar is the drawer of two cheques bearing numbers
'450267' & '450268' drawn at Nainital Almora Regional
Rural Bank. He allegedly issued these two cheques to
respondent complainant Rahul Bora on 3.5.2007 in the
discharge of his monetary debt worth Rs. 1,80,000/-
towards him. When the said cheques were presented for
encashment by Rahul Boara, the same were dishonoured by
the bank with the endorsement "insufficient fund" in the
account of the drawer. So, Rahul Bora after issuing the
notice as envisaged under Section 138(b) of the Act, filed a
complaint on 12.12.2007 in the court of Chief Judicial
Magistrate, Almora, whereupon the learned Magistrate
passed the impugned order of cognizance.;
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