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2025 Supreme(Online)(CHH) 3581

HIGH COURT OF CHHATTISGARH
Narendra Kumar Vyas, J
Tulshi Steel Traders Propritor – Appellant
Versus
Purva Construction Propritor - Mitrabhan Sahu – Respondent


Advocates:
For Appellant(s) :Mr. Ajay Mishra, Advocate
For Respondent(s):Mr. Shubham Dwivedi, Advocate appears on

CAV Judgment

1. Since common question of law and facts involved in both the cases are one and the same, therefore, they are heard analogously and are being disposed of by this common order.

2. The brief facts of the case are as under:-a. The details of the case number of the trial Court, cheque number, amount, date of dishonor, date of returning memo, and date of issuance of notice to the accused by the complainant are given in the tabular form as under:-

Complaint Case No. and ACQA No.Cheque No.Amount (in Rs.)Date of Dishonor of ChequeDate of Receipt of Returning Memo by the complainantDate of issuance of notice
Complaint Case No. 2242/2017 & ACQA No. 425/202400027567,640/-18.05.201718.05.201707.06.2017
Complaint Case No. 2243/2017 & ACQA No. 194/20240002691,70,600/-08.05.201708.05.201707.06.2017

b. As per details mentioned above the complainant has filed complaint under Section 138 of Negotiable Instruments Act, 1881 (in short “N.I. Act, 1881”) mainly contending that the complainant is doing the business of cement, bricks and supply of construction materials. Due to relationship with the complainant, the accused has taken material for the amount of Rs. 67,470/- and 1,70,600/-and to di

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