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2018 Supreme(HP) 280

SURESHWAR THAKUR
Rajbir Singh – Appellant
Versus
Geeta Devi – Respondent


Advocates Appeared:
For the Appellant : Mr. S.D. Sharma.
For the Respondents: Mr. Ashwani Kaundal, Mr. Bhupinderjit Kashyap.

JUDGMENT :

Sureshwar Thakur, J.

1. The complainant/victim, is aggrieved, by the pronouncement, of an order, of acquittal by the learned trial Court, vis-a-vis the accused, upon, Cr. Case No. 1412/3 of 2014/2013.

2. The facts relevant to decide the instant case, are that the complainant lent a sum of Rs. 1 lac to the accused in the month of September, 2012. This amount was to be repaid within one year. He further lent a sum of Rs. 72,000/- to the accused in the month of March, 2013, amount whereof was to be repaid within six months. The aforesaid amounts was advanced in presence of Smt. Pushpa Devi w/o Shri Chet Ram, R/o Sant Niwas, Ambedkar Colony, Dhalli, District Shimla. The accused gave an undertaking for a sum of Rs. 1 lac out of the total amount. The complainant also submits that he also arranged a sum of Rs. 3 lacs for accused on her request, made, through Smt. Pushpa Devi. He further submits that when he demanded the aforesaid amount, the accused issued a cheque No. 072825 of 15.09.2013, in his favour, drawn at Allahabad Bank, Shimla, amount to Rs. 1,72,500/-. The said cheque was returned unpaid on 9.10.2013 with remarks “funds insufficient.” The complainant served a legal noti




























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