2024 (8) TMI 1679

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....'ble Rakesh Thapliyal, J. 1. All these Applications, preferred under Section 528 of BNSS, 2023 involved a common issue wherein the proceedings initiated on the complaint of the respondent under Section 138 of Negotiable Instruments Act, has been challenged. 2. All these Applications are in between the same parties and pertain to the three cheques issued by the applicant which were subseq....

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.... Seven Lakh Only). 4. On different dates, the cheques were presented by the respondent/complainant for encashment in the bank, however, the same were returned by the bank by sending a return memo, with an endorsement of "in operative account". Thereafter, the respondent/complaint filed three different complaints in the Court of IInd Additional Senior Civil Judge/Judicial Magistrate, Rudrapur, D....

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.... was invalid for all purposes since the State Bank of Patiala was merged into the State Bank of India and therefore, the Trial Court committed a manifest illegality while initiating the process on the said complaints. 8. I perused the records of all these Applications preferred under Section 528 of BNSS, 2023, but no such document relating to merger of State Bank of Patiala to State Bank of Ind....

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....ments Act should be decided preferably within six months from the date of its presentation. Thus, it appears that only in order to frustrate the mandate of Section 143 of Negotiable Instruments Act, these proceedings have been challenged, which appears to be a delaying tactics of the present applicant. 11. Though I do not find any merit in the present Applications, however, the same are being d....