Smt. Rekha Gupta vs Balaram Chandravanshi
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Chattisgarh High Court

Smt. Rekha Gupta vs Balaram Chandravanshi on 18 February, 2025

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       HIGH COURT OF CHHATTISGARH AT BILASPUR

                          ACQA No. 495 of 2024

             SMT. REKHA GUPTA versus BALARAM CHANDRAVANSHI
                               Order Sheet




18/02/2025          Mr. Akash Shrivastava, counsel for the appellant.
                    Ms. Sharmaila Singhai, Sr. Advocate with Ms.
              Shiwali Bansal, counsel for the respondent.

Learned counsel for the appellant would submit that the learned trial Court has committed illegality in relying upon Section 56 of the Negotiable Instruments Act, 1881 as in the present case, Section 56 of the Act has no role to play because the amount of Rs.2,00,000/- has been given after submission of cheque to the bank and after issuance of notice also, therefore, Section 56 of the Act, is not applicable.

Per contra, learned Sr. counsel for the respondent would submit that Section 56 of the Act, is applicable in the present case as they have not endorsed the amount of Rs.2,00,000/- which they have received.

Learned counsel for the appellant would submit that the judgment referred to by learned trial Court in case of Dashrathbhai Trikambhai Patel vs. Hitesh Mahendra Bhai Patel and another, reported in

(2023) 1 SCC 578 is not applicable.

Let the factual position be clarified by the parties whether Section 56 of the Act, is applicable in case where the cheque has been dishonoured and thereafter the accused has paid the part payment of the amount and whether it is incumbent upon the complainant to RAVVA SATYANARAYANA RAJU mention this fact in the notice or in the complaint.

List this case on 5-3-2025 in motion hearing.

Sd/-

(Narendra Kumar Vyas) Judge Raju