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Govind Naraian Kumawat vs. State of Rajasthan & Ors.

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Penal Code, 1860–Secs. 420 & 406–Negotiable Instruments Act, 1881–Sec. 138–Order of taking cognizance–Prayer of petitioner that the instant case is pertaining to the same cheques and the complainant has been convicted for the offence of dishonour of cheque–Trial Court did not consider this fact before taking the cognizance–Held, impugned order is set aside and trial Court is directed to apply the mind before passing any order.