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2015 Supreme(Chh) 337

GOUTAM BHADURI
A. K. R. Transport – Appellant
Versus
Kamakshi Shipping – Respondent


Advocates Appeared:
For the Appellants :K.A. Ansari, Senior Advocate and R.L. Bajpayee, Advocate
For the Respondents:Ashutosh Ghade, Advocate.

ORDER :

GOUTAM BHADURI, J.

1. Both these petitions arise out of the order dated 20.10.2014 passed in Criminal Revision separately filed against the order dated 18.09.2014 passed by the Court of Judicial Magistrate First Class, Pamgarh, District Janjgir Champa, Chhattisgarh. Since the questions of law and facts involved in both these petitions are similar, they are being disposed of by this common order.

2. Briefly stated facts of the case are that the petitioner M/s. A.K.R. Transport filed two complaint cases under Section 138 of the Negotiable Instruments Act, 1881 (for short N.I. Act) with the averments that respondent M/s. Kamakshi Shipping had handed over two Post Dated Cheques (PDC) - one amounting to Rs. 4,90,000/- in Cr.M.P. No. 620/2015 and the other amounting to Rs. 2,45,000/- in Cr.M.P. No. 650/2015 drawn in favour of complainant/petitioner herein in the month of February, 2014. The cheques were post dated of 10.04.2014. The cheques were drawn on ICICI Bank, Visakhapatnam, who was the banker of M/s. Kamakshi Shipping, the respondent herein. Both the cheques were presented by the petitioner for encashment to his Banker on 10.04.2014 with S.B.I. Branch at Shivrinarayan, Chhatt








































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