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M.A. RASHEED ROP. ELECTRO PALACE versus STATE OF U.P. & ANOTHER

High Court of Judicature at Allahabad

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M.A. Rasheed Rop. Electro Palace v. State Of U.P. & Another - APPLICATION U/s 482 No. 17282 of 2005 [2005] RD-AH 6719 (1 December 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. K.N. Sinha, J.

Heard learned counsel for the applicant, learned A.G.A. and perused the paper book.

It is submitted that the notice was given on 28.7.2001, which was served on 31.7.2001.  Learned counsel for the applicant has submitted that a letter was written on 2.8.2001 annexing the cheque of Rs. Ten thousand as a part payment.  Learned counsel for the applicant has tried to prove that notice was served on 31.7.2001 but it is nowhere proved.  Secondly, if the payment was made meaning thereby there was no refusal.  All these matters depend on the fact, which can be decided only by the trial court.

Considering this, I find no force in the submission.  The application under section 482 Cr.P.C. is hereby dismissed.

01.12.2005

RKS/17282/05


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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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