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HIGH COURT OF CHHATTISGARH
Smt. Justice Rajani Dubey, J
Dr. Vipin Chandra Sharma – Appellant
Versus
Harikant Kori – Respondent
| Table of Content |
|---|
| 1. case summary of the financial agreement leading to cheque issuance. (Para 2 , 3 , 4) |
| 2. arguments presented regarding the trial court’s misinterpretation. (Para 5 , 6) |
| 3. court observations highlight the implications of timely cheque presentation. (Para 10 , 12 , 15) |
| 4. final ruling to overturn acquittal for established liability. (Para 16) |
1. This acquittal appeal has been preferred by the appellant against the judgment of acquittal dated 18.07.2013 passed by the learned Judicial Magistrate First Class, Chhuikhadan, District Rajnandgaon (C.G.) in Criminal Case No.920/2008, whereby the accused respondent has been acquitted of the charges punishable under Section 138 of the NI Act.
2. Brief facts of the case are that the accused/respondent proposed to sale plot bearing PH No.104, situated at Dumartalab, Tatibandh, Raipur to the complainant/appellant, to which the complainant agreed to purchase and he was required to pay Rs.1600/- per month in installment for 24 months and in total he was required to pay Rs.38,400/-. The complainant paid 16 installments of Rs.1600/- and one installment of Rs.2100/- and in total he paid Rs.30,900/- but because of the failure
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