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2016 Supreme(Chh) 212

P.SAM KOSHY
Shiv Kumar alias Jawahar Saraf S/o Motilal Saraf – Appellant
Versus
Ramavtar Agrawal S/o Shri Jagmohan Das Agrawal – Respondent


Advocates Appeared:
For the Petitioner:Shri Sudhir Agrawal, Advocate.
For the Respondent:Shri Prafull N. Bharat and Shri Ankit Singhal, Advocates.

ORDER :

1. The present petition under Section 482 Cr.P.C. has been preferred seeking for quashment of order dated 18.07.2016 passed by the Sessions Judge, Bilaspur, in Criminal Revision No.92/2016. Vide the said impugned order, the Sessions Judge has rejected the revision petition preferred by the petitioner herein affirming the order dated 18.08.2015 passed by the Judicial Magistrate First Class, Bilaspur, taking cognizance and registering the complaint case against the petitioner for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (for short, NI Act).

2. The relevant facts for adjudication of the present dispute is that, the petitioner had issued a postdated cheque (No.251759) of Central Bank of India, Main Branch, Bilaspur, amounting to Rs.7.8 Crores in favour of the respondent towards discharge of the liability in respect of a property dealing between the two. That, there was also an agreement dated 21.10.2014 entered into between them in this regard which is enclosed in this petition as Ex. P/4. Subsequently, the petitioner did not discharge the liabilities towards the respondent. The cheque which was issued by the petitioner was therefore put for en
























































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