SATISH KUMAR MISHRA Vs. WOODCASTLE SPA & RESORTS
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Satish Kumar Mishra
Woodcastle Spa And Resorts
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(1.) In all these petitions, filed under Section 482 Criminal Procedure Code, identical question of facts and law are involved; in all the petitions complainant and accused are the same, therefore, all the petitions are being disposed of by this common judgment.
(2.) For the sake of brevity facts of Criminal Misc. Application No. 110 of 2013 are being taken for the disposal of the cases.
(3.) Respondent / complainant preferred complaint in the court of Judicial Magistrate, Ramnagar, District Nainital against the accused / petitioner for an offence punishable under Section 138 Negotiable Instrument Act, 1881, stating therein that accused had been working as Chief Operating Officer for the purpose of booking for the resort at Ramnagar; having collected business and amount, accused used to send the same to the complainant at Ramnagar; in discharge of liability of outstanding amount accused has issued 14 different cheques in favour of the complainant; check was presented in the Oriental Bank of Commerce, Branch Ramnagar (Nainital) for encashment, however, as per the memorandum issued by the bank dated 18.10.2012 cheque was dishonoured on the ground 'stop payment', a legal notice was issued from Ramnagar to the accused / petitioner on 16.11.2012 demanding the cheque's amount; accused / petitioner herein did not make payment of the cheque amount within the statutory period of the notice, despite receiving the notice.;
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