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CHHATTISGARH HIGH COURT
Sanjay K. Agrawal, J
Pushpalata Verma v. Sanjay Kumar Rajwade
| Table of Content |
|---|
| 1. common issues in two separate complaints regarding cheque dishonour. (Para 1 , 2) |
| 2. arguments presented by both petitioner and respondent regarding jurisdiction and limitation. (Para 3 , 4 , 5) |
| 3. analysis of jurisdiction and statutory requirements under s.138. (Para 6 , 7 , 8) |
| 4. validation of jurisdiction arguments based on earlier case laws. (Para 9 , 10 , 11) |
| 5. conclusions drawn on court jurisdiction and procedural correctness. (Para 12 , 13 , 14 , 19 , 20 , 21) |
1. The aforesaid two petitions are being disposed off by a common order as common issue of law based on similar facts, though in respect of two different cheques, arise for consideration.
2. Relevant facts of the present case, necessary for decision of the petition, are that the respondent filed a complaint alleging commission of offence under S.138 of the Negotiable Instruments Act, 1881 (In short "the Act of 1881") against the petitioner on the allegation that the petitioner, who happens to be sister of the complainant, sought financial help of Rs. 5 Lakh for purchase of land and the complainant paid an amount of Rs. 3 Lakh in cash on 09-01-2006 and Rs. 2 Lakh cash on 06-02-2006. Towards discharge of
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