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2015 Supreme(HP) 1036

SURESHWAR THAKUR
Vijay Kumar – Appellant
Versus
Rakesh Kumar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Vijay Chaudhary, Advocate.
Respondent proceeded against ex-parte.

JUDGMENT

Sureshwar Thakur

1. The petitioner herein in his capacity as authorized signatory of M/s Century Vision Organic Farm Pvt. Ltd., Village Tadoli, Post Office Saru, Tehsil and District Chamba, H.P., issued a negotiable instrument in the sum of Rs.78,000/- to the complainant/respondent herein. The negotiable instrument of 30.12.2012 drawn on State Bank of Patiala, Chamba stands comprised in Ex.CW1/B. It was presented by the respondent herein/complainant for payment to State Bank of Patiala, Chamba on 21.03.2013 hence within six months from the date of its issuance. However, on its presentation by him to his banker aforesaid, it was returned to him with an edorsement comprised in Ex.CW1/E of there being insufficient funds in the account of M/s Century Vision Organic Farm Pvt. Ltd for purported defrayment of whose liability towards the respondent herein, the petitioner herein issued it to the respondent herein being its authorised signatory. In other words, the negotiable instrument Ex.CW1/B on its presentation before the State Bank of Patiala, Chamba, by the respondent herein stood dishonoured by the latter. The dishonour of negotiable instrument, Ex.CW1/B by the bankers of the r










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