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2015 Supreme(Chh) 242

SANJAY K.AGRAWAL
Meel Bai – Appellant
Versus
Rameshvar Prasad Chauhan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Raj Kumar Gupta
For the Respondent: C.K. Navrang

ORDER :

Sanjay K. Agrawal, J.

1. The complainant/non-applicant Rasmeshvar Prasad Chauhan filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter called as 'N.I. Act'), stating inter alia that on 30/06/2009 and 15/12/2009 towards the existing liability, the applicant/accused - Smt. Meel Bai issued two cheques amounting to Rs. 2,50,000/- to the complainant, which was dishonoured on account of insufficient fund in her account. After serving legal notice, when the amount was not repaid, the complaint was filed for commission of offence punishable under Section 138 of the N.I. Act, in which, present applicant - Smt. Meel Bai abjured her guilt by pleading that she has falsely been implicated in the case and entered into defence.

2. In order to prove the offence, the complainant/non-applicant examined himself as PW-1 and brought five documents on record, whereas, the defence examined two witnesses and brought no document on record.

3. After considering contentions of the parties and evidence available on record, the Judicial Magistrate First Class, Bilaspur, C.G. by its judgment dated 24/03/2012, convicted the accused/applicant - Smt. Meel Bai for the offence





















































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