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