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2021 Supreme(Chh) 282

NARENDRA KUMAR VYAS
Gurusharan Sahu S/o Late Awadh Ram Sahu – Appellant
Versus
Chumman Lal Sinha S/o Late Khamhan Lal Sinha – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shri Kunal Das, Adv.
For the Respondent: Shri Sunil Sahu, Adv

ORDER :

1. The petitioner has filed this writ petition (Cr) under Article 226 of the Constitution of India challenging the legality and propriety of the order dated 18.03.2019 passed in Criminal Revision No. 26/2019 in the case of Gurusharan Sahu vs Chumman Lal Sinha passed by learned Sessions Judge, Dhamtari as well as order passed by learned Chief Judicial Magistrate, First Class Dhamtri (C.G) rejecting the application on 26.10.2018 in Criminal Case No. 183/2014 by recording a finding that photocopy of cheque cannot be taken as secondary evidence.

2. The brief facts, as projected in the writ petition (criminal) are that the respondent took loan of Rs. 1,00,000/- from the petitioner on 04.07.2012 and in lieu of that he has given cheque No. 286705 drawn in HDFC Bank to the respondent on 25.07.2012. The petitioner submitted the said cheque on 31.07.2012 for clearance in the bank account No. 1947051791 maintained with the Central Bank of India, Branch Dhamtari. The cheque was dishonored on account of insufficient balance on the same day by the ban . Thereafter, the respondent requested him to give one month's time so that he may deposit the entire amount before the bank so the cheque c

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