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2021 Supreme(Chh) 25

RAJENDRA CHANDRA SINGH SAMANT
Keshav Kumar Katendra S/o Uttam Singh Katendra – Appellant
Versus
Rejnald Peter S/o Late John Peter – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shri B.P. Singh.
For the Respondent: Shri Rishi Rahul Soni.

ORDER :

1. This criminal revision petition has been brought being aggrieved by the judgment dated 6.10.2015 passed in Criminal Appeal No. 114 of 2013 by the Learned Additional Sessions Judge (F.T.C.) Dhamtari, District Dhamtari, upholding the judgment of conviction against the applicant under Section 138 of the Negotiable Instruments Act, 1881 (for short ‘the Act, 1881’) however, the sentence imposed was modified.

2. Respondent-Rejnald Peter had filed a complaint against the applicant under Section 138 of the Act, 1881, on the basis that the applicant had borrowed Rs. 1,00,000/- from the respondent and for repayment of the same he had given a cheque of the same amount on 21.11.2009. The cheque was presented for payment by the respondent in his account in the Oriental Bank of Commerce, Branch Dhamtari on 2.12.2009, which was dishonoured. The respondent sent notice on 11.12.2009 to the applicant, which was received, but the applicant did not make any payment of the amount of cheque. Subsequent to which, the complaint was filed.

3. The applicant made plea of denial to the substance of accusation against him. Learned trial Court completed the trial and the judgment was passed on 28.11.201

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