(a v. S.B.- HON’BLE SHRI JUSTICE DHIRENDRA MISHRA J Cr; M.P.' No. 455 l 2007 PETITIONERz’ ' Samual James S/o W. James, Ndn4Applicant/Accused x aged 54 yearS, R/o Mandir Chow-k, Naar Jharabhata, _ RS. Civil Line, Tehsil’ 8L District: Bilaspur C.G. mwmmwwmmy ‘- mmMrmel ’ v Shri Rupesh‘ShrivastaWa, counsel for the petitioner. Heard. The petitioner by’the i‘ns’tant petition under Section 382 J of Code of Criminal Proce ure (for brevity ‘the.Code’) has prayed for setting aside th order dated 22.9.2007 and for quashing of the criminal ca e No. 832/06 pending before the Court of Judicial Magistrate rst Class, Raipur on the grounds that debt was not legally re verable and there was no legally enforceable liability of the p titioner, which could be enforced by the complainant. Seco dly, the cheque was returned because of the oral inst ions of the petitioner to stop payment and thirdly, that re is no evidence available on record that the notice sent by the complainant was in fact received by the petitioner. aim um wwww‘mtgt ‘m'vv 'w i r 't e VERSUS SP ’iTjENT ‘ Sandeep Dayal S/ o Ranjan Dayal‘, éged about 24 years, R/ O Behind Balaji Temple, -Anand Nagar, P.S. Civil Line, Tehsil 85 District :Raipur (C.G.) 10/ 10/200 i A1 thauent nce b learned sel for the itionr h ben ebotely iscussed y te evisional urt i the impned So far gud taken b et tat .vno wa not egay recerable det, s oncee ro te ea gs present in te comlaint, it is nt tat te aou w advance y te complainant to -e exgenc o e ttioher an t was not a lo a one 1e ere evince vailable on reod h lega noe se by e compnan to the peiior thugh regiser ost nd thereor a resmpon can be drawn th ths was served upon the ionr. Te Court low as gh W ' " " immmm " ‘. iwmm‘mmmmw‘vw " w nUr dismissed the crimnal revision pferre b the petition wit an observati that the oections raised by the defence, which can be ec n merits. ttioner pertai to the stage of on after recording of evidence here is n ill liy r ifirmit in th impuged oer warraing interfen under ecion of the Code. In the reslt the stan petition being devoid o sbstance serves to be smised th adsson stage itelf ad is ccordingl di ssed. Sdl— Direndra MiShl‘a Judge 1 efgms advad y coun pete ave e lara d b h r Co n ug :ord as the ron y l the pitioner h thearu t s lll ov b i crnd, fm h pld In h p :evide h h mnt a d b h eetth iy f th ei d i an ction by my n er Th is de a cr tat a l tic w s nt th lait ttne ro te p a fe puti at ea pettie h be h rit 1" " “ i red y e h on bj ei n di ’d ly o T o e at o ny e n rd nt erc St 482 u, nt f u de 'is at e mii S n ayg s i h , r’