Sikkim Court July 1993 Judgments
Safiq Ahmed Vs. Ahsan Halim and ors.
Court: Sikkim
Decided on: Jul-21-1993
Reported in: 1993CriLJ3823
ORDERS.N. Bhargava, C.J.1. This is a criminal revision seeking to quash the order of the learned Judicial Magistrate, East, by which she had taken cognizance of the case against the petitioner.2. The complaint was filed by non-petitioner No. 1, in the Court of the District Magistrate, East on 15-4-92, stating therein that he had advanced a cash loan of Rs. 4,2307-to the accused petitioner, who issued two cheques one for Rs. 2,500/- dated 11-10-91 and the other for Rs. 1,730/- on 28-11-91 which was post dated for 1-3-1992. According to the complainant, he presented the cheques for the sum of Rs. 1,730/- on 1-3-1992 but it was not cashed. He received an intimation from the bankers that the cheque had been dishonoured for the reason 'Payment stopped by the drawer'. Complainant gave a notice under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act), but the accused petitioner did not pay the amount. Therefore, he filed this complaint praying that the ac...
Tag this Judgment!Advocate General of Sikkim Vs. Ashok Kumar Subba
Court: Sikkim
Decided on: Jul-19-1993
Reported in: 1994CriLJ3555
ORDER1. Main point that calls for decision at the moment in both these petitions is whether the proceedings for contempt were initiated within a period of one year from the date on which contempt is alleged to have been committed. The further point for consideration in Criminal Petition No. 1 of 1991, is whether a petition for contempt is not maintainable, if it is not supported by an affidavit of the petitioner.2. In Criminal Contempt Petition No. 1/91, respondent is Shri Ashok Kumar Subba, President, Sikkini Pradesh Congress Committee (I). On 2-12-19.91 a petition under Section 15(1)(a) of the Contempt of Courts Act, 1971 (hereinafter referred to as the Act) was filed by Shri V.P. Sarathi, Advocate General of Sikkim, on the allegation that he had received from someone on 1-11-91 by post a photocopy of a memorandum alleged to have been submitted- by the respondent to Shri Arjun Singh, the then Union Minister for Human Resources Development, on the occasion of his visit to Gangtok on 1...
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