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BANAEE SINGH AND ANOTHER versus STATE OF U.P. AND ANOTHER

High Court of Judicature at Allahabad

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Banaee Singh And Another v. State Of U.P. And Another - CRIMINAL MISC. WRIT PETITION No. 11206 of 2005 [2005] RD-AH 5261 (8 November 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble R.C.Deepak, J.

Heard learned counsel for the petitioners learned Addl. Government Advocate for the State and perused the record.

It has vehemently  been argued by the learned counsel for the petitioners that the petitioners have been summoned under Section 138 of Negotiable Instrument Act and for launching such prosecution, a notice under section 138(C) of the Act is mandatory to enable the petitioners to come to know that the cheque so issued by him was dishonoured but no such notice was furnished and the petitioner was not aware of the fact.

Considering the facts and circumstances of the case, issue notice to respondent no.2 returnable within four weeks.

List on 14th December 2005.

Till then the further proceedings in Criminal Case no. 2755 of 1996  pending before the CJM, Mathura shall remain stayed.

Dt/- 08th November, 2005  

PKG/3 (11206/05)


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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