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2024 Supreme(Chh) 332

ARVIND KUMAR VERMA
Suresh Kumar Mahapatra S/o Late Goverdhan Mahapatra – Appellant
Versus
Dinesh Agrawal S/o Late Kishan Lal Agrawal – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Virendra Verma, Advocate.
For the Respondent:Mr. D.K. Gwalre, Advocate.

Judgement Key Points

Questions or Aspects Raised by the Legal Query

  • Whether, prior to the amendment of Section 138 of the Negotiable Instruments Act in 2003, the court could acquit an accused based on the cheque return memo not bearing the mandatory details required under Section 146 of the NI Act.

Statutes Discussed

• Section 146


ORDER :

1. This petition is filed under Section 378 (8) of the Code of Criminal procedure being aggrieved by the impugned judgment and order dated 29.05.2018 passed by the Court of learned Judicial Magistrate First Class, Raipur C.G. in Criminal Case Nos. 811/2016, 790/2016, 1414/2016, 840/2016, 796/2016, 807/2016, 1432/2016,1415/2016, 1417/2016, 1418/2016, 785/2016, 800/2016, 787/2016, 799/2016, 1416/2016, 810/2016, 792/2016, 791/2016, 798/2016, 806/2016, 797/2016, 1413/2016, 839/2016, 778/2016, 1020/2016, 781/2016, 782/2016, 809/2016, 795/2016, 1412/2016, 1019/2016, 794/2016, 808/2016, 780/2016,1017/2016, 1021/2016, 1022/2016, 793/2016, 801/2016, 786/2016, 1018/2016, 838/2016, 784/2016, 783/2016, 779/2016 whereby the trial Court has acquitted the Respondent for the offence under Section 138 of the Negotiable Instrument Act, 1881 and since common question of fact and law is involved in all the appeals which have been heard together and are being disposed of by this common judgment.

2. Brief facts of the case are that as per the complaint, the appellant is doing a business as a financer and the respondent is doing a business in the name of Dinesh Enterprises and he is the proprietor

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