Kamlesh Singh Rajput v. Ramjas Kaushik

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet CRMP No. 1150 of 2018 Kamlesh Singh Rajput Vs. Ramjas Kaushik 28.06.2018 Mr. Samir Singh, counsel for the petitioner.

Heard on application for leave to appeal.

Learned counsel for the petitioner submits that the trial Court has misinterpreted the statement of complainant/petitioner by ignoring the provisions of section 139 of Negotiable Instruments Act and has dismissed the case on the ground that no liability exists despite the fact that when the cheque issued by the accused for repayment of instalments towards purchase of Tractor was sent to Bank for encashment, the same was dishonoured.

On due consideration, leave to appeal is allowed. Registry is directed to register the case as acquittal appeal.

Let a bailable warrant in sum of Rs.25,000/- be issued to the respondent for securing his appearance before this Court on 17th August, 2018.

Call for the records of the Court below.

List it on 17th August, 2018.

Sd/- GOUTAM BHADURI JUDGE R a o