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2022 Supreme(Chh) 560

RAKESH MOHAN PANDEY
Sunder Das Rohra S/o Late Paras Ram – Appellant
Versus
Anil Mishra S/o Mannu Lal Mishra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Surfaraj Khan.
For the Respondent: Anil S. Pandey.

ORDER :

1. In this case the petitioner is the complainant, whereas, respondent is accused. This criminal revision is filed against the order dated 01.04.2014 passed by the learned VIth Additional Sessions Judge, Bilaspur, in Cr. Appeal No. 43/2014, whereby criminal appeal preferred by the petitioner has been dismissed and the order dated 21.09.2012 passed by the learned Judicial Magistrate First Class, Bilaspur, in Complaint Case No. 361/2011 has been affirmed whereby the complaint case filed under Section 138 of the Negotiable Instrument Act, 1881 (for short ‘N.I. Act’) by the petitioner was dismissed.

2. The complainant/petitioner filed a complaint case before the Court of Judicial Magistrate First Class, Bilaspur against the respondent/accused under Section 138 of N.I. Act for dishonour of cheque bearing No. 697158 dated 11.10.2010 for a sum of Rs. 2,75,000/- drawn on I.C.I.C.I. Bank, Bilaspur (C.G.).

3. The substance of allegations and assertions of the complaint case before the trial Court was that the parties are known to each other and on account of some necessity, the respondent took loan of Rs. 2,75,000/- from the complainant and in order to discharge said legal liability, al

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