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2016 Supreme(Chh) 494

P.SAM KOSHY
Moonka Rice Mills through the proprietor Ramgopal Agrawal – Appellant
Versus
Vivek Trading Company through proprietor Shanker Matani/Ashok Matani – Respondent


Advocates Appeared:
For the Petitioner:Shri Vishnu Koshta, Advocate
For the Respondent:Shri D.N. Prajapati, Advocate, Shri U.K.S. Chandel, Panel Lawyer

ORDER :

Shri P. Sam Koshy, J.

1. The instant petition has been filed by the petitioner being aggrieved by the order dated 22.06.2013 passed by the JMFC, Tilda in an unregistered complaint case of 2011 where by the learned Magistrate refused to register the complaint lodged by the petitioner-complainant against respondent no.1. The petitioner is also aggrieved by the order dated 05.02.2014 passed by the Special/Additional Sessions Judge, Raipur in Criminal Revision No. 303/2013 by which the Revisional Court while rejecting the revision petition upheld the order dated 22.06.2013 passed by the JMFC, Tilda.

2. Brief facts relevant for adjudication of the present petition are that the petitioner is a firm carrying on the business of paddy milling and trading. The petitioner is said to have on 02.04.2010 and 03.04.2010 as per the demand made by the respondent no.1 through a broker namely Santosh Kumar Jain sold 800 bags of broken rice valued at Rs.4,26,800/- to respondent no.1. However, the petitioner did not receive any payment against the said sale of 800 bags of broken rice. Thereafter, the petitioner sent a legal notice to respondent no.1 on 04.06.2010. On receipt of the said legal noti




































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