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TMI Blog2019 (9) TMI 1654X X X X Extracts X X X X X X X X Extracts X X X X ..... Dwivedi, Adv., Mr. Ashish Yadav, Adv., Mr. Sachin Sharma, AOR. For the Respondent : None. ORDER Crl.A. @ SLP(Crl.) No(s).137/2019 1. Leave granted. 2. Despite successive notices served on the respondent, he has chosen not to appear. The last notice clearly mentioned that the matter will be finally disposed of at notice stage. 3. The present appeal takes exception to the order dated 15th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... impugned judgment and order is set aside and the appeal is allowed. Consequently, the complaint shall now proceed against the respondent in accordance with law. 6. The parties shall appear before the Trial Court on 14th October, 2019. Crl.A. @ SLP(Crl.) No.166/2019 1. Leave granted. 2. Despite successive notices served on the respondent, he has chosen not to appear. The last notice clearl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 375. As a result, even this appeal ought to succeed. The impugned judgment and order is accordingly set aside and the appeal is allowed. 5. Consequently, the complaint shall now proceed against the respondent in accordance with law. 6. The parties shall appear before the Trial Court on 14th October, 2019 before the Trial Court. Crl.A. @ SLP(Crl.) Nos.137/2019 1. Leave granted. 2. Despite ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, we have no manner of doubt that the reason which commended the High Court, in our opinion, is unacceptable, for the fact that the notice was duly served on the respondent or otherwise is a triable issue and cannot be proceeded as indisputable position as is expounded by this Court in 'Ajeet Seeds Limited vs. K. Gopala Krishnaiah' reported in (2014) 12 SCC 685. 6. Accordingly, the impugned jud ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thin the statutory period and secondly, on the basis of the remark noted on the cheque return memo. 5. Both these facts would require the parties to produce evidence and are triable issues as expounded by this Court in in 'Ajeet Seeds Limited vs. K. Gopala Krishnaiah' reported in (2014) 12 SCC 685 and in 'Laxmi Dyechem vs. State of Gujarat and Others' reported in (2012) 13 SCC 375. As a result, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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