Bholaram Nirmalkar v. Vikash Ramrakhiyani

Chhattisgarh HC3 Feb 2025ACQA/748/2024

Case brief

AI extract

What is this about?

Chhattisgarh High Court, Bilaspur; ACQA 748/2024, 294/2022, 297/2022; Justice Narendra Kumar Vyas; order dated 04.02.2025; appeal against acquittal under S.378(4) CrPC; S.138 NI Act; complainant Bholaram Nirmalkar v. accused Vikash Ramrakhiyani; JMFC Raipur Complaint Case 3029/2017, judgment dated 24.02.2020; payment of Rs. 25 Lakhs by Demand Draft No. 787872 covering cheques 002087, 002086, 002088; appeals disposed on realisation of cheque amount; no merits adjudication; NAFR.

What did the court decide?

All three acquittal appeals (ACQA Nos. 748 of 2024, 294 of 2022 and 297 of 2022) disposed of in terms of realization of the cheque amount, the respondent having paid Rs. 25 Lakhs by Demand Draft No. 787872 covering cheques bearing Nos. 002087, 002086 and 002088. ¶¶34

Bholaram Nirmalkar Vs Vikash Ramrakhiyani — Cheque Dishonour | Chhattisgarh HC (2025)

2025:CGHC:6248

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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ACQA No. 748 of 2024

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Bholaram Nirmalkar S/o Late Shri Charan Prasad Nirmalkar Aged About 60 Years R/o Village Boriyakhurd, Tahsil And District Raipur Chhattisgarh

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--- Appellant

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versus

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Vikash Ramrakhiyani S/o Shri Mohan Lal Rakhiyani Aged About 35 Years R/o Behind Of Anandpuri Kutiya, Shyam Nagar, Raipur District Raipur, Chhattisgarh.

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--- Respondent

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ACQA No. 294 of 2022

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Bholaram Nirmalkar S/o Late Shri Charan Prasad Nirmalkar Aged About 60 Years R/o Village Boriyakhurd, Tahsil And District Raipur Chhattisgarh

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--- Appellant

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Versus

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Vikash Ramrakhiyani S/o Shri Mohan Lal Rakhiyani Aged About 35 Years R/o Behind Of Anandpuri Kutiya Shyam Nagar, Raipur District Raipur, Chhattisgarh

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--- Respondent

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ACQA No. 297 of 2022

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Bholaram Nirmalkar S/o Late Shri Charan Prasad Nirmalkar Aged About 60 Years R/o Village Boriyakhurd, Tahsil And District Raipur Chhattisgarh.

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--- Appellant

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Digitally signed by MANISH MANISH YADAV YADAV Date: 2025.02.06 10:56:19 +0530

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Versus

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Vikash Ramrakhiyani S/o Shri Mohan Lal Rakhiyani Aged About 35 Years R/o Behind Of Anandpuri Kitiya, Shyam Nagar, Raipur District Raipur Chhattisgarh.

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--- Respondent

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For Appellants : Mr. Amit Kumar Sahu, Advocate

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For Respondent(s) : Mr. Jitendra Kumar Saxena, Advocate

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Hon'ble Shri Justice Narendra Kumar Vyas Order on Board

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04.02.2025

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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 .

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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.

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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.

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A photocopy of the Demand Draft is taken on record.

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Accordingly, these acquittal appeals are disposed of in terms of realization of the cheques amount.

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Sd/- (Narendra Kumar Vyas) Judge

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Manish

Bholaram Nirmalkar v. Vikash Ramrakhiyani

Case brief

What is this about?

What did the court decide?

Bholaram Nirmalkar v. Vikash Ramrakhiyani

Case brief

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