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2014 Supreme(MP) 573

B.D.RATHI
Sunita Dubey – Appellant
Versus
Hukum Singh Ahirwar – Respondent


Advocates:
P.S. Raghuvanshi for petitioners in both revisions;
V.D. Sharma with Smt. Monika Mishra for respondents in both revisions.

ORDER

1. As the grievance raised in the aforesaid two cases is identical and of similar nature, heard together and disposed of by this common order.

2. Both the revisions have been preferred under section 397/401 of the Code of Criminal Procedure, 1974 in short the ‘Code’ against an order dated 17.12.2013 passed by the Fourth Additional Sessions Judge Vidisha District Vidisha (M.P.), in Criminal Revisions No.118/2013 and 119/2013 whereby the applications of the respondents-accused under section 45 of the Indian Evidence Act were allowed by setting aside the orders of dismissal passed by the trial Court dated 6.8.2013 in Criminal Cases No. 232/12 and 475/12.

3. For facility of reference, the facts are being taken from Criminal Revision No.56/14. As per the case of the petitioner-complainant, she advanced a sum of Rs.2,00,000/- to the respondent-accused and in turn the respondent-Hukum Singh issued a cheque No.892743 dated 12.9.2011 in favour of the complainant-petitioner drawn on State Bank of India Branch Vidisha. When the petitioner presented the said cheque at the concerning Bank same came to be dishonoured for want of sufficient fund in the account of the holder of the cheque. The
















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