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TMI Blog2023 (2) TMI 1304X X X X Extracts X X X X X X X X Extracts X X X X ..... 138 of the Negotiable Instrument Act can be initiated against a person to whom notice under section 138(b) of the N.I. Act has not been given? - HELD THAT:- On a perusal of the impugned order passed by the learned JMFC and on a perusal of the evidence of Shri Kundan Kumar Singh (D.W.1)- Manager, Union Bank of India, it is revealed that the cheque (Ex.P/5) was issued against the current account No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... BLE SHRI JUSTICE DINESH KUMAR PALIWAL APPLICANT: SHRI ATULANAND AWASTHY, SENIOR ADVOCATE WITH SHRI DESHHIT SOUBHRI- ADVOCATE RESPONDENT: SHRI MAHENDRA PATERIA ADVOCATE ORDER This petition under Section 482 of Cr.P.C has been filed assailing the order dated 16.05.2018 (Annex.A-1) passed by Sushri Sanju Tiwari, JMFC, Satna in complaint case No.1034/2016 (Sanjay Singh Bisen Vs. Devendra Verma) under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Bank is Jitendra Kumar Verma and the cheque in question issued was from his account. It is submitted that applicant/ complainant has moved an application under section 319 of Cr.P.C for proceeding against Jitendra Kumar Verma for commission of offence under section 138 of the Negotiable Instrument Act but the same has been dismissed by the learned JMFC without considering the fact that Jit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ainst a person to whom notice under section 138(b) of the N.I. Act has not been given. As no cause of action had arose against Jitendra Verma, he cannot be proceeded under section 319 of Cr.P.C. Thus, he has prayed for dismissal of the petition. On a perusal of the impugned order passed by the learned JMFC and on a perusal of the evidence of Shri Kundan Kumar Singh (D.W.1)- Manager, Union Bank of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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