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2016 Supreme(Chh) 109

P.SAM KOSHY
Vinod Verma S/o Kailashchand Verma – Appellant
Versus
Amit Gupta S/o Tarashankar Kaithwas – Respondent


Advocates Appeared:
For the Petitioner: Shri Sayed Imtiaz Ali.
For the Respondent: Smt. M. Asha.

ORDER :

P. Sam Koshy, J.

1. Challenge in the instant petition is the order dated 18.05.2016 passed in Criminal Revision No.352/2015 by the Special/Additional Sessions Judge, Raipur whereby the Sessions Judge has upheld the order dated 11.09.2015 passed by the Judicial Magistrate First Class, Raipur in an unregistered case filed by the petitioner against the respondents 1 & 2.

2. The factual matrix of the case necessary for deciding the present petition is that the petitioner is said to have engaged in the business of manufacturing of transformers in the name of V.K. Engineering having its head office at Raipur. It is said that the respondents 1 & 2 who are the authorised persons on behalf of the Dausa Transformer Pvt. Ltd., Jaipur, Rajasthan and the office of the petitioner agreed to purchase transformers from petitioner's firm. From 25.02.2014 to 19.03.2014, the respondents 1 & 2 took delivery of five transformers from the petitioners valuing Rs.51,39,576 on the basis of mutual agreement between them. The respondents 1 & 2 are said to have paid money to the petitioner in instalments firstly Rs.1,50,000 on 29.03.2014 and Rs. 13,00,000 on 07.06.2014. The respondents 1 & 2 later on prov













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