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2018 Supreme(HP) 369

CHANDER BHUSAN BAROWALIA
Santosh Rana – Appellant
Versus
Kangra Co-op. Primary Agriculture & Rural Development Bank Ltd. – Respondent


Advocates Appeared:
For the Petitioner:Mr. Anil Thakur, Advocate.
For the Respondent:Mr. Tarun K. Sharma, Advocate.

JUDGMENT :

Chander Bhusan Barowalia, J.

The present petition, under Section 482 of the Code of Criminal Procedure, is maintained by the petitioner, against the order, dated 12.01.2018, passed by learned Judicial Magistrate 1st Class, Court No. III, Hamirpur, District Hamirpur, H.P. in Criminal Complaint No. 43-1/2015, whereby an application under Section 311 Cr. P.C., filed by the petitioner for leading additional evidence has been dismissed.

2. The brief facts of the case are that in the month of January, 2008, the petitioner approached the respondent-bank for grant of loan of Rs. 14,00,000/- for installation of Green House, which was sanctioned by the respondent in his favour on 22.01.2008 as a term loan of Rs. 14,00,000/- with interest @ 14% p.a. for a period of ten years and the monthly installment of said amount had come to Rs. 22,400/-. As per the respondent-bank, on 20.06.2015, the petitioner in order to discharge his liability, issued a cheque, bearing No. 047446, drawn at Allahabad Bank, Branch at Hamirpur, H.P. in favour of the respondent bank. However, when the same was presented by the respondent in the bank, the same was dishonoured due to insufficient fund. Consequently,









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