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2018 Supreme(HP) 367

SURESHWAR THAKUR
Narinder Thapper – Appellant
Versus
Santosh Kumari – Respondent


Advocates Appeared:
For the Petitioner:Mr. H.S. Rangra, Advocate.
For the Respondent: Mr. G.R. Palsra, Mr. Y.S. Thakur and Mr. Vikrant Chandel, Dy. A.Gs

JUDGMENT :

Sureshwar Thakur, J.

The instant revision, is, directed against the concurrently recorded verdicts, by both the learned Courts below, whereby the accused was convicted and consequently sentenced, for his committing, an offence punishable, under Section 138, of the Negotiable Instrument Act.

2. The facts relevant to this case are that the complainant is the Agent of Life Insurance Corporation of India and also of Post Office Savings. In the year 2002 and 2004, the accused had purchased the life insurance policy of his life and also of his daughter’s life from the complainant. The accused had borrowed a sum of Rs. 2,00,000/- from the complainant in the month of December, 2007 and in lieu of that he issued a cheque bearing No. 878967 dated 23.6.2008 for Rs. 2,00,000/- in discharge of his said liability towards the complainant. The complainant presented said cheque before Punjab National Bank Moti Bazar for collection of the cheque amount on 27.6.2008 from where the cheque was sent for collection to the banker of the accused, but the same was sent for collection to the banker of the accused, but the same was dishonoured on the ground of “Exceeded Arrangements”. The memo dated 3










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