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2021 Supreme(MP) 844

ARUN KUMAR SHARMA
PRABHUDAS PANJAINMAL RICE AND DAL MILL – Appellant
Versus
AVON TRADE LINK, SHAKTI NAGAR, KATNI – Respondent


Advocates Appeared:
For Appellant : Alok Vagrecha
For Respondent: Utkarsh Agrawal

ORDER : – As common issue is involved in both these petitions, therefore, they are being disposed of by this common order.

2. These petitions under section 482 of the Code of Criminal Procedure have been filed by the petitioners for setting aside order dated 4-1-2020 passed by Judicial Magistrate First Class, Katni in Cheque bouncing case Nos. 168/17 and 144/17 respectively, whereby the trial Court has rejected the examination-in-chief of accused submitted by way of affidavit under section 145 of the Negotiable Instruments Act, at the stage of defence evidence. Being dissatisfied with the aforesaid orders, the petitioners have preferred these petitions under section 482 of the Criminal Procedure Code, 1973.

2-A. Facts giving rise to these petitions, in shorts, are that the petitioners being accused are facing trial before the Judicial Magistrate First Class, Katni in cheque bouncing case Nos. 168/17 and 144/17 respectively. Presently, the case is fixed before the trial Court for recording the defence evidence and the petitioners had submitted their examination-in-chief in the form of affidavits, which were filed under section 145 of the Negotiable Instruments Act on 29-11-2019 alon

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