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2009 Supreme(Raj) 563

MUKUNDAKAM SHARMA, S.B.SINHA
Seth Ramdayal Jat – Appellant
Versus
Laxmi Prasad – Respondent


Advocates Appeared
Anurag Sharma (for Prashant Kumar) for Appellant;
Rohit Arya, Sr. Advocate (for Ashok Mathur) for Respondent

Judgment

Hon'ble SINHA, J.—Leave granted.

2. What would be the period of limitation for institution of a suit for recovery of ‘pledged ornaments’ is the question involved herein.

3. It arises in the following factual matrix:

On or about 26.06.1998, the respondent filed a civil suit against the appellant for recovery of certain items of jewellery allegedly pledged with him on 2.12.1987 for the purpose of obtaining loan of a sum of Rs. 7000/-. On the premise that the appellant had violated the provisions of the Madhya Pradesh Money Lenders Act, 1934 in relation to the aforementioned grant of loan, a criminal proceeding was initiated against him, which was marked as Case No. 511 of 1997. In the said criminal case, he admitted his guilt. A fine of Rs. 150/- was imposed on him. The charge was read over to him, which reads as under:

“The charge on you is that before date 29.3.97 complainant Laxmi Prasad was paid borrowed money to you but even after that you were demanding interest at 5%. Your this act is criminal offence under section 3, 4 of Money Lenders Act. Therefore, show cause as to why you should not be held guilty of the said offence.”

4. Respondent thereafter, as noticed hereinbefore,





































































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