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2025 DAILYLAW 43022 (CHH)

BHOLARAM NIRMALKAR v. VIKASH RAMRAKHIYANI

ACQA/294/2022 · 2025-02-04

Shri Narendra Kumar Vyas

body2025

Judgment text

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1 2025:CGHC:6248 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 748 of 2024 • Bholaram Nirmalkar S/o Late Shri Charan Prasad Nirmalkar Aged About 60 Years R/o Village Boriyakhurd, Tahsil And District Raipur Chhattisgarh --- Appellant versus • Vikash Ramrakhiyani S/o Shri Mohan Lal Rakhiyani Aged About 35 Years R/o Behind Of Anandpuri Kutiya, Shyam Nagar, Raipur District Raipur, Chhattisgarh. --- Respondent ACQA No. 294 of 2022 • Bholaram Nirmalkar S/o Late Shri Charan Prasad Nirmalkar Aged About 60 Years R/o Village Boriyakhurd, Tahsil And District Raipur Chhattisgarh --- Appellant Versus • Vikash Ramrakhiyani S/o Shri Mohan Lal Rakhiyani Aged About 35 Years R/o Behind Of Anandpuri Kutiya Shyam Nagar, Raipur District Raipur, Chhattisgarh --- Respondent ACQA No. 297 of 2022 • Bholaram Nirmalkar S/o Late Shri Charan Prasad Nirmalkar Aged About 60 Years R/o Village Boriyakhurd, Tahsil And District Raipur Chhattisgarh. --- Appellant MANISH YADAV Digitally signed by MANISH YADAV Date: 2025.02.06 10:56:19 +0530 2 Versus • Vikash Ramrakhiyani S/o Shri Mohan Lal Rakhiyani Aged About 35 Years R/o Behind Of Anandpuri Kitiya, Shyam Nagar, Raipur District Raipur Chhattisgarh. --- Respondent For Appellants : Mr. Amit Kumar Sahu, Advocate For Respondent(s) : Mr. Jitendra Kumar Saxena, Advocate Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 04.02.2025 1. The appellant has filed the present acquittal appeals under Section 378(4) of the Code of Criminal Procedure, 1973 against the judgment dated 24.02.2020 (Annexure A/1) passed by the learned Judicial Magistrate First Class, Raipur, District Raipur (C.G.) in Complaint Case No. 3029/2017 by which the respondents/accused has been acquitted of the charges under Section 138 of the Negotiable Instruments Act, 1881. 2. During the pendency of the case, the accused has decided to make payment of the cheques amount to the tune of Rs. 25 Lakhs which is the amount of cheques bearing No. 002087, 002086 and 002088 in full satisfaction of the said amount mentioned in the cheques. 3. Since the respondent has paid the amount by Demand Draft bearing No. 787872, therefore, the acquittal appeals are disposed of in terms of subsequent realization of the cheques amount by Demand Draft paid by respondent today. 4. A photocopy of the Demand Draft is taken on record. 3 5. Accordingly, these acquittal appeals are disposed of in terms of realization of the cheques amount. Sd/- (Narendra Kumar Vyas) Judge Manish