2017 (10) TMI 665

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.... counsel appearing for the petitioner and Ms. Vandana Bharti, learned A.P.P., for the State. This application is directed against the judgment dated 30.06.2005 passed by the learned Additional Sessions Judge, Fast Track Court - 2, Jamshedpur in Criminal Appeal No. 21 of 2005 whereby and whereunder the judgment and order of conviction and sentence passed by the learned Judicial Magistrate, 1st Cla....

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....d. After the complaint case was instituted and an enquiry was conducted and subsequent thereto cognizance was taken under Section 138 of the Negotiable Instruments Act and thereafter trial proceeded. In course of trial four witnesses were examined on behalf of the prosecution including the complainant. P.W. - 1, Chandra Shekhar Bhaskar Rao, is the complainant who had deposed that he had given fr....

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.... of State Bank of India, Main Branch, Jamshedpur who had stated that the cheques were dishonoured which was intimated to the complainant. The defence has examined two witnesses in support of its case. D.W. - 1, Rajesh Sharma, had deposed that all the five cheques were given to the complainant as security which fact has also been stated by D.W. - 2, S. Sudhakar Rao, the complainant of the present....

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....s, it appears that the legal notice was sent within the statutory period. The notice intimated to the petitioner about the dishonour of the cheques and his duty to discharge the loan which was taken by him from the complainant. The issuance of cheques by the petitioner in favour of the opposite party no. 2 is an admitted fact. Therefore, it was a burden upon the petitioner to prove that the cheque....