HARDAMAN SINGH OBRAI Vs. STATE OF U P
LAWS(ALL)-2015-4-412
HIGH COURT OF ALLAHABAD
Decided on April 08,2015

Hardaman Singh Obrai Appellant
VERSUS
STATE OF U P Respondents

JUDGEMENT

- (1.) LEARNED AGA has accepted notice on behalf of respondent no. 1 State.
(2.) HEARD Sri Dhiraj Kumar Pandey, learned counsel for the applicants and learned AGA for the State.
(3.) LEARNED counsel for the applicant has challenged the summoning order dated 20.7.2012 whereby the applicant has been summoned to face trial under section 138 of Negotiable Instruments Act, 1881 (in short, N.I.Act) in Complaint case no. 3927 of 2013 (Surprit Singh versus Hardamanm Singh Obrai) Police Station Sadar Bazar, District Saharanpur. Learned counsel for the applicant submits that admittedly disputed cheque was drawn in favour of Punjab National Bank, Branch G.T.Road, Jalandhar, therefore, as per mandate of Apex Court in Dashrath Rupsingh Rathod versus State of Maharashtra and another, 2014 LawSuit(SC) 589, the case should be transferred to Jalandhar. He further submits that the applicant has not appeared before the trial court, therefore, evidence under section 145 of N.I.Act could not be recorded.;


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