✦ High Court of India · 04 Aug 2010

Crim inal Revision No914 v. SPvGn Greengofd Plant at ion

Case Details High Court of India · 04 Aug 2010
Court
High Court of India
Decided
04 Aug 2010
Bench
Not available
Length
1,341 words

dat ed 931999 passed by t he Honble I ll Com panyPet it ion No 153 of 1998 whereby t he JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document 39 r 3 Crim inalRevonNo1914 Crim inalRevision N01915 of 2002 202 l m r 0 0 X 0 Z Z 08 f 7 2 Ll Officiai asset s had been appoint ed t o t ake overall t he t o t he The accused also a st at em ent before t he t rial Magist rat e t hat t he respondent Com pany had already been wound aft er of Official Liquidat or On t he basis of t he order dat ed 931999 passed by t he Honble Delhi HighCourt accused wit h t o t he winding up of t he t he st at em ent m ade by t he t he t rial vide t he im pugnedorder dat ed 6A2002 t he com plaint sfiled by t he pet it ioner under Sect ions 138t o 142 of t he Act read wit h Sect ion 420 of t he Code sine die and ordered t hat t he com piaint s t o t he Record Room Sankaran presum e hasbeen held in t he I t Kn Bhaskaran v Valdl 2000 11 PLeR 113 t hat Coun v t hat holder of t he cheque received it for discharge of any debt burden is on t he accused t o rebut t he presum pt ion The act s which are t he offence under Sect ion 138 of t he Act drawingof t he cheque of t he chequest o t he Bank ret urning of t he cheques by t he drawee Bank givingnot ice in writ ing t o t he drawer dem anding paym ent oft he cheque am ount failure oft he drawer oft he not ice KUMAR SURESH SHAM LAL 2012.10.08 13: 08 True Scanned Copy of The Original PHHC,Chandigarh t he t o m ake paym ent wit hin fift een days of t he st and prim a facie provedon record as evidence I ed by t he pet it ioner on t he basis of JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document 40 r 4 Crim inal Revision No914 Crim inal Revision1915 of 2007 of 200 1 l 1 0 0 I 0 Z X C 7 Z Qs which t he accusecrespondent swere sum m oned t o face t rial under Sect ions 1381142 of t he Act Under t he circum st ances appoint m entof ah Official t o t ake over all t he asset s t he respondent Com pany didnot absolve t he t heir crim inal I iabilit y The appoint m entof t he Official Liquidat or t he cont inuat ionof t he crim inal proceedings against t he accused t hey failed t o repay t he pet it ionert he am ount s of t he cheques For t hese reasons bot h t hese revisions pet it ionsare allowed and t he orders dat ed 6A2002 passed by t he t rial adj ourning t he proceedings irl criminal com plaint s filed by t he pet it ioner against t he Sine die whichhave been im pugned in bot h t hese revision pet it ions are set 8side The t rial Magist rat e I S direct ed t o proceed wit h t he com plaint sfiled by t he pet it ioner i rl accordancewit h I aw Since t he m at t er pert ains t o Ja nuary 1999 t he t ria l Magist rat e I S direct ed t o expedit et he disposalof t he com plaint s at t he earliest I t is m ade clear t hat t he I earned t rial Magist rat ewill not be influenced anyt hing said while disposingof t hese pet it ions August 2010 vlOHI NDER JUDGE PAL KUMAR SURESH SHAM LAL 2012.10.08 13: 08 True Scanned Copy of The Original PHHC,Chandigarh V 4 JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document

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