JUDGEMENT
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(1.)This revision has been directed against the order dated 30-6-2000 passed by Xth Additional Sessions Judge, Kanpur Nagar in Criminal Revision No. 428 of 1999 allowing the revision and setting aside the order dated 8-10-1999 passed by IInd Additional Chief Metropolitan Magistrate in Criminal Case No. 861 of 1998 rejecting the objection of the opposite party No. 2 against the summoning order.
(2.)It appears that applicant, Smt. Hem Lata Gupta, filed a complaint against opposite party No. 2. Smt. Manju Rathi on 26-6-1998 under Section 138 Negotiable Instruments Act with the allegations that on 29-5-1998, the opposite party No. 2 had issued four cheques of different amounts relating to Punjab National Bank, Nayaganj-Branch, Kanpur payable to applicant. The applicant presented above cheques to her Bank for realisation. On 11-6-1998 she was informed that the account of Smt. Manju Rathi had been closed and therefore, the cheques were dishonoured. The applicant, accordingly, sent a notice to opposite party No. 2 on 13-6-1998. But the opposite party No. 2 neither paid any amount, nor replied the notice; hence she filed complaint on 26-6-1998.
(3.)The applicant examined herself under Section 200, Cr.P.C. and her witnesses Rajendra Kumar (P.W. 1) and Satish Singh Chauhan (P.W. 2) under Section 202, Cr.P.C. On perusal of the statement of complainant under Section 200 and her witnesses under Section 202, Cr.P.C. the learned Additional Chief Metropolitan Magistrate summoned the opposite party No. 2 under Section 138 Negotiable Instruments Act, vide order dated 18-11-1998.
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